







 
   
     
       
         Londons liberties, or, A learned argument of law and reason, before the Lord Mayor, Court of Aldermen, and Common-Council, at Guild-Hall between Mr. Maynard, now the Kings eldest serjeant at law, Mr. Hales, late Lord Chief Justice of the Kings Bench, and Mr. Wilde, lately one of the justices of the same court, of council for the Livery-men of London, and Major John Wildman, and Mr. John Price, of council for the Freemen of London : wherein the freedom of the citizens of London in their elections of their mayor, sheriffs, aldermen, and common-council-men, is fully debated, their most ancient charters examined, and on both hands agreed to be but a confirmation of their former rights : with their opinions concerning the forfeiture of Londons charter.
      
       
         
           1682
        
      
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             Londons liberties, or, A learned argument of law and reason, before the Lord Mayor, Court of Aldermen, and Common-Council, at Guild-Hall between Mr. Maynard, now the Kings eldest serjeant at law, Mr. Hales, late Lord Chief Justice of the Kings Bench, and Mr. Wilde, lately one of the justices of the same court, of council for the Livery-men of London, and Major John Wildman, and Mr. John Price, of council for the Freemen of London : wherein the freedom of the citizens of London in their elections of their mayor, sheriffs, aldermen, and common-council-men, is fully debated, their most ancient charters examined, and on both hands agreed to be but a confirmation of their former rights : with their opinions concerning the forfeiture of Londons charter.
             Maynard, John, Sir, 1602-1690.
             Wildman, John, Sir, 1621?-1693.
             Wilde, William, Sir, 1611?-1679.
             Hale, Matthew, Sir, 1609-1676.
          
           [4], 32 p.
           
             Printed for R. Read,
             London :
             1682.
          
           
             Identified in reel guide and on film as H249;cancelled in Wing (2nd ed.).
             Reproduction of original in Bodleian Library and Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Elections -- England -- London.
           London (England) -- Charters, grants, privileges.
        
      
    
     
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           Londons
           Liberties
           :
           OR
           ,
           A
           LEARNED
           ARGUMENT
           OF
           Law
           and
           Reason
           ,
           
             Before
             the
          
           Lord
           Mayor
           ,
           Court
           of
           Aldermen
           ,
           and
           Common-Council
           ,
           at
           Guild-Hall
           .
           Between
           
             
               Mr.
               Maynard
               ,
               now
               the
               Kings
               Eldest
               Serjeant
               at
               Law.
               
            
             
               Mr.
               Hales
               ,
               late
               
                 Lord
                 Chief
                 Iustice
              
               of
               the
               Kings-Bench
               ,
               and
            
             
               Mr.
               Wilde
               ,
               lately
               one
               of
               the
               Justices
               of
               the
               same
               Court.
               
            
          
           Of
           Council
           for
           the
           Livery-Men
           of
           London
           .
           And
           
             
               Major
               
                 Iohn
                 Wildman
              
               ,
               and
            
             
               Mr.
               
                 Iohn
                 Price
              
               .
            
          
           Of
           Council
           for
           the
           Freemen
           of
           London
           .
           Wherein
           the
           Freedom
           of
           the
           Citizens
           of
           London
           in
           their
           Elections
           of
           their
           Mayor
           ,
           Sheriffs
           ,
           Aldermen
           ,
           and
           Common-Council-men
           ,
           is
           fully
           debated
           ;
           their
           most
           
             Ancient
             Charters
          
           Examined
           ,
           and
           on
           both
           hands
           agreed
           to
           be
           but
           a
           Confirmation
           of
           their
           
             former
             Rights
          
           :
           With
           their
           Opinions
           concerning
           the
           Forfeiture
           of
           
             Londons
             Charter
          
           .
        
         
           LONDON
           ,
           Printed
           for
           
             R.
             Read.
          
           1682.
           
        
      
       
         
         
         
           THE
           PREFACE
           .
        
         
           THE
           unusual
           methods
           that
           have
           been
           made
           use
           of
           in
           the
           Election
           of
           Sheriffs
           for
           London
           and
           Middlesex
           for
           the
           year
           ensuing
           ,
           having
           raised
           great
           Disputes
           among
           the
           Citizens
           ,
           concerning
           the
           Manner
           of
           Chusing
           their
           Chief
           Officers
           ,
           and
           those
           Disputes
           produced
           great
           
             Heats
             and
             Animosities
          
           ,
           I
           thought
           it
           my
           Duty
           ,
           both
           as
           a
           Protestant
           ,
           and
           an
           English-man
           ,
           to
           use
           my
           utmost
           endeavours
           for
           putting
           an
           end
           to
           such
           Disputes
           ,
           that
           so
           the
           Cause
           being
           remov'd
           ,
           the
           Effects
           might
           cease
           :
           To
           this
           purpose
           I
           suppose
           the
           publication
           of
           the
           following
           Sheets
           will
           be
           judged
           very
           seasonable
           by
           all
           unbiass'd
           Men
           ;
           for
           whereas
           these
           Disputes
           and
           Heats
           have
           engendered
           many
           Phamphlets
           ,
           which
           have
           rather
           added
           fuel
           to
           ,
           then
           extinguish'd
           the
           differences
           ,
           that
           have
           happen'd
           upon
           this
           occasion
           between
           the
           Citizens
           that
           adhere
           to
           the
           
             Lord
             Mayor
          
           ,
           and
           those
           that
           adhere
           to
           the
           Sheriffs
           :
           Methinks
           this
           Argument
           ,
           though
           now
           almost
           two
           and
           thirty
           years
           old
           ,
           seems
           by
           
             Divine
             Providence
          
           to
           have
           been
           calculated
           for
           deciding
           the
           Differences
           aforesaid
           ,
           and
           I
           question
           not
           this
           good
           Effect
           ,
           if
           Men
           will
           lay
           aside
           Passion
           and
           Prejudice
           ,
           and
           entirely
           resign
           themselves
           to
           the
           conduct
           of
           Law
           
           and
           Reason
           ,
           upon
           both
           which
           we
           cannot
           doubt
           but
           the
           Argument
           is
           founded
           ,
           unless
           we
           should
           suspect
           want
           of
           skill
           in
           those
           three
           
             great
             Oracles
          
           of
           the
           Law.
           One
           of
           whom
           ,
           was
           the
           late
           incomparable
           
             Lord
             Chief
             Iustice
          
           of
           the
           Court
           of
           Kings-Bench
           ,
           another
           one
           of
           the
           Iustices
           of
           the
           
             same
             Court
          
           ,
           and
           the
           third
           now
           living
           ,
           his
           
             Majesties
             Eldest
             Serjeant
             at
             Law
          
           :
           And
           certainly
           if
           any
           man
           should
           be
           so
           absurd
           as
           to
           affirm
           ,
           that
           any
           one
           of
           these
           three
           (
           much
           more
           that
           all
           three
           of
           them
           jointly
           )
           should
           be
           mistaken
           in
           an
           Argument
           of
           such
           consequence
           ,
           he
           would
           discover
           more
           Ignorance
           than
           Malice
           .
        
      
    
     
       
         
         
           
             August
             ,
             26.
             1650.
             
          
           The
           Report
           of
           the
           Committee
           appointed
           for
           Examination
           of
           the
           State
           of
           the
           Chamber
           of
           London
           .
        
         
           ABout
           1630.
           we
           find
           the
           Chamber
           to
           be
           indebted
           about
           the
           Sum
           of
           050000
           :
           00
           :
           00
        
         
           At
           Michaelmass
           1649.
           the
           Accompt
           of
           the
           Chamber
           being
           then
           Cast
           up
           ,
           the
           Chamber
           was
           then
           in
           Debt
           :
           
             (
             Viz.
          
           )
        
         
           
             
               
                 To
                 Orphans
                 169654
                 :
                 01
                 :
                 05½
              
               
                 264066
                 :
                 14
                 :
                 09½
              
            
             
               
                 To
                 other
                 Persons
                 for
                 Principal
                 Money
                 094412
                 :
                 13
                 :
                 04
              
            
          
           The
           means
           whereby
           it
           came
           into
           Debt
           ,
           are
           either
           Extraordinary
           ,
           or
           Ordinary
           .
           
             
               Extraordinary
               .
            
             
               
                 Anno
              
               
                  
              
               
                 l.
                 
              
               
                 s.
                 
              
               
                 d.
                 
              
            
             
               
                  
              
               
                 A
                 Gold
                 Cup
                 given
                 the
                 Prince
              
               
                 001191
              
               
                 04
              
               
                 05
              
            
             
               
                 1633.
                 
              
               
                 Presents
                 given
                 to
                 the
                 King
                 ,
                 Queen
                 ,
                 and
                 Prince
              
               
                 003260
              
               
                 00
              
               
                 00
              
            
             
               
                 1634.
                 
              
               
                 A
                 Jewel
                 given
                 the
                 Queen
              
               
                 004000
              
               
                 00
              
               
                 00
              
            
             
               
                 1634.
                 
              
               
                 Entertainment
                 of
                 the
                 King
                 and
                 Queen
                 at
                 Merchant-Ta●lors-Hall
                 .
              
               
                 001287
              
               
                 12
              
               
                 08
              
            
             
               
                 1634.
                 
              
               
                 Christening
                 the
                 Duke
                 of
                 York
              
               
                 000633
              
               
                 00
              
               
                 00
              
            
             
               
                 1639.
                 
              
               
                 A
                 Cup
                 of
                 Gold
                 given
                 the
                 Queen
                 Mother
                 ,
                 and
                 other
                 Charges
              
               
                 001000
              
               
                 00
              
               
                 00
              
            
             
               
                 1639.
                 
              
               
                 Charges
                 of
                 the
                 Charter
              
               
                 002355
              
               
                 00
              
               
                 00
              
            
             
               
                 1639.
                 
              
               
                 Given
                 the
                 King
              
               
                 010000
              
               
                 00
              
               
                 00
              
            
             
               
                 1639.
                 
              
               
                 Composition
                 for
                 Package
                 and
                 Scavage
              
               
                 004000
              
               
                 00
              
               
                 00
              
            
             
               
                 1649.
                 
              
               
                 Composition
                 for
                 London-Derry
              
               
                 012000
              
               
                 00
              
               
                 00
              
            
             
               
                 1639.
                 
              
               
                 To
                 the
                 Repair
                 of
                 St.
                 Pauls
              
               
                 000600
              
               
                 00
              
               
                 00
              
            
             
               
                 1642.
                 
              
               
                 Entertainment
                 of
                 the
                 King
                 and
                 Queen
              
               
                 001786
              
               
                 00
              
               
                 00
              
            
             
               
                  
              
               
                 For
                 Building
                 the
                 Bridge
              
               
                 006400
              
               
                 00
              
               
                 00
              
            
             
               
                  
              
               
                 For
                 Ship-money
                 ,
                 and
                 setting
                 out
                 Ships
                 to
                 Sea
              
               
                 017218
              
               
                 00
              
               
                 00
              
            
             
               
                  
              
               
                 By
                 Gifts
                 and
                 Rewards
                 to
                 Officers
                 for
                 20
                 years
                 ,
                 at
                 1200
                 l.
                 
                   per
                   Annum
                
                 .
              
               
                 024000
              
               
                 00
              
               
                 00
              
            
             
               
                  
              
               
                 By
                 several
                 bad
                 Debts
              
               
                 089730
              
               
                 17
              
               
                 01
              
            
             
               
                  
              
               
                  
              
               
                 071739
              
               
                 14
              
               
                 01
              
            
          
           
             
               Ordinary
               .
            
             
               
                 Charges
                 for
                 Marshal
                 Causes
                 for
                 twenty
                 years
              
               
                 035278
              
               
                 00
              
               
                 00
              
            
             
               
                 For
                 Interest-money
                 paid
                 20
                 years
                 ,
                 at
                 6000
                 l.
                 
                   per
                   Annum
                
              
               
                 120000
              
               
                 00
              
               
                 00
              
            
             
               
                 By
                 delivering
                 up
                 Bonds
                 to
                 be
                 Cancell'd
                 by
                 Act
                 of
                 Common-Council
                 in
                 1640.
                 to
                 several
                 Persons
                 for
                 money
                 lent
                 them
                 out
                 of
                 the
                 Chamber
                 20
                 years
                 before
                 about
                 30000
                 l.
                 Principal
                 in
                 all
                 with
                 Interest
              
               
                 060000
              
               
                 00
              
               
                 00
              
            
             
               
                 For
                 Officers
                 standing
                 Fees
                 for
                 about
                 20
                 years
                 ;
                 at
                 1400
                 
                   l.
                   per
                   An.
                
                 
              
               
                 028000
              
               
                 00
              
               
                 00
              
            
             
               
                 For
                 Workmens
                 Wages
                 for
                 20
                 years
                 ,
                 at
                 1000
                 
                   l.
                   per
                   Annum
                
              
               
                 020000
              
               
                 00
              
               
                 00
              
            
             
               
                 Stuff
                 for
                 Reparation
                 for
                 about
                 20
                 years
                 ,
                 at
                 1600
                 
                   l.
                   per
                   Annum
                
              
               
                 030400
              
               
                 00
              
               
                 00
              
            
             
               
                 The
                 totall
                 sum
                 given
                 ,
                 lost
                 and
                 expended
                 for
                 about
                 20
                 years
                 ,
                 is
              
               
                 455148
              
               
                 11
              
               
                 02
              
            
          
        
         
           Present
           ,
           
             
               Mr.
               Sheriff
               Pack
            
             
               Mr.
               Ald.
               Chiverton
            
             
               Col.
               Mumering
            
             
               Mr.
               Cole
            
             
               Mr.
               Barbone
            
             
               Mr.
               Dallison
            
             
               Mr.
               Ald.
               Hayes
            
             
               Mr.
               Ald.
               Titchborne
            
             
               Mr.
               Gibbs
            
             
               Mr.
               Bolt●n
            
             
               Mr.
               Adams
            
             
               Mr.
               Manton
               .
            
          
           
             August
             ,
             26.
             1650.
             
          
        
         
         
           Those
           Men
           being
           very
           sensible
           of
           this
           horrid
           abuse
           of
           the
           City
           ,
           that
           the
           Chamber
           ,
           which
           hath
           been
           esteemed
           like
           that
           among
           the
           Romans
           ,
           a
           Sacred
           Treasury
           ,
           for
           safety
           and
           pitying
           the
           Orphans
           cryes
           .
           And
           searching
           how
           the
           City
           came
           to
           be
           thus
           Bankrupt
           ,
           it
           was
           found
           that
           the
           chief
           Officers
           had
           been
           very
           faulty
           ;
           and
           thereupon
           it
           was
           considered
           how
           they
           were
           Elected
           ;
           and
           there
           arose
           the
           Question
           about
           the
           Right
           of
           Electing
           the
           chief
           Officers
           of
           the
           City
           .
           And
           it
           came
           into
           Debate
           whether
           the
           Livery-Men
           ought
           to
           be
           the
           Electors
           ,
           as
           now
           they
           are
           .
           Thereupon
           the
           Companies
           of
           London
           Petitioned
           the
           Court
           that
           they
           might
           continue
           their
           
             Elective
             Power
          
           :
           And
           divers
           Freemen
           of
           the
           City
           Petitioned
           for
           the
           Abolishing
           that
           Power
           of
           the
           Liveries
           or
           Companies
           :
           the
           Petitions
           are
           these
           :
        
      
       
         
           To
           the
           Right
           Honourable
           the
           Lord
           Mayor
           of
           the
           City
           of
           London
           ;
           and
           to
           the
           Right
           Worshipful
           the
           Aldermen
           his
           Brethren
           ,
           and
           the
           Commons
           in
           Common-Council
           Assembled
           .
           The
           Humble
           Petition
           of
           the
           several
           Companies
           and
           Societies
           of
           the
           City
           of
           London
           .
        
         
           Humbly
           Sheweth
           ,
        
         
           THat
           whereas
           it
           appeareth
           ,
           That
           heretofore
           for
           divers
           years
           ,
           many
           great
           differences
           did
           arise
           within
           this
           City
           ,
           touching
           the
           Election
           of
           the
           Lord
           Mayor
           and
           Sheriffs
           ,
           to
           the
           great
           disturbance
           of
           the
           Peace
           thereof
           ;
           the
           said
           Elections
           being
           made
           divers
           and
           several
           ways
           ,
           and
           with
           continual
           alterations
           and
           often
           disturbances
           ,
           
             (
             viz.
          
           )
           in
           the
           seventh
           year
           of
           King
           Edward
           the
           third
           ,
           by
           the
           Mayor
           and
           Aldermen
           together
           ,
           with
           the
           most
           sufficient
           men
           of
           every
           Ward
           ,
           in
           the
           Eighth
           year
           of
           the
           said
           King
           ,
           as
           the
           King's
           Proclamation
           then
           commanded
           ;
           By
           the
           Aldermen
           ,
           and
           the
           most
           discreet
           and
           ablest
           Citizens
           of
           the
           City
           ?
           In
           the
           twentieth
           year
           of
           that
           King
           ,
           by
           the
           Mayor
           and
           all
           the
           Aldermen
           ,
           and
           twelve
           ,
           eight
           ,
           or
           six
           of
           every
           Ward
           ,
           according
           as
           the
           Ward
           should
           be
           great
           or
           small
           ,
           of
           the
           richest
           and
           wisest
           men
           of
           every
           Ward
           :
           In
           the
           fiftieth
           year
           of
           the
           said
           King
           ,
           by
           a
           certain
           number
           of
           the
           good
           men
           of
           the
           several
           Mysteries
           (
           their
           Names
           being
           certified
           by
           the
           several
           Companies
           .
           )
           In
           the
           eighth
           year
           of
           King
           Richard
           the
           Second
           ,
           by
           the
           Common-Council
           ,
           and
           the
           most
           sufficient
           men
           of
           the
           City
           .
           In
           the
           ninth
           year
           of
           that
           King
           ,
           by
           those
           as
           should
           be
           summoned
           of
           the
           most
           sufficient
           men
           of
           the
           City
           ,
           or
           of
           the
           Common-Council
           .
           In
           the
           seventh
           Year
           of
           King
           Edward
           the
           Fourth
           ,
           by
           the
           General
           Council
           ,
           the
           Masters
           and
           Warden
           ,
           of
           every
           Mystery
           of
           the
           City
           coming
           in
           their
           Liveries
           ;
           and
           by
           other
           good
           men
           ,
           especially
           summoned
           ,
           (
           and
           so
           the
           said
           unsetled
           Elections
           continued
           with
           many
           disturbances
           )
           untill
           in
           the
           Fifteenth
           year
           of
           the
           said
           King
           Edward
           the
           Fourth
           .
           That
           the
           same
           Election
           was
           setled
           by
           Authority
           of
           this
           Honourable
           Court
           of
           General
           Council
           ,
           by
           an
           Act
           then
           made
           ,
           That
           the
           Master
           and
           Wardens
           of
           the
           Mysteries
           of
           this
           City
           ,
           meeting
           in
           their
           Halls
           ,
           or
           other
           fit
           places
           ,
           and
           associating
           with
           the
           good
           men
           of
           the
           Company
           ,
           cloathed
           in
           their
           last
           Liveries
           ,
           should
           come
           together
           to
           the
           Guild-Hall
           of
           this
           City
           for
           the
           Election
           of
           the
           Mayor
           and
           Sheriff
           .
           And
           that
           no
           other
           but
           the
           good
           men
           of
           the
           Common-Council
           of
           the
           City
           should
           be
           present
           at
           the
           said
           Elections
           ;
           which
           course
           and
           custome
           hath
           been
           ever
           since
           yearly
           used
           and
           continued
           ,
           to
           the
           honour
           ,
           peace
           and
           happiness
           of
           this
           City
           ,
           and
           the
           well
           setled
           Government
           of
           the
           same
           .
        
         
           And
           forasmuch
           as
           the
           Petitioners
           are
           given
           to
           understand
           ,
           that
           there
           is
           an
           endeavouring
           to
           deprive
           and
           take
           from
           them
           ,
           that
           their
           ancient
           and
           lawful
           Right
           ,
           for
           the
           Election
           of
           Lord
           Mayor
           and
           Sheriffs
           ,
           which
           for
           near
           two
           hundred
           years
           together
           ,
           they
           and
           their
           Predecessors
           (
           the
           Livery-men
           of
           the
           several
           Companies
           )
           
           have
           lawfully
           and
           quietly
           enjoyed
           ,
           as
           belonging
           to
           them
           ,
           without
           any
           question
           or
           disturbance
           .
        
         
           
             Their
             humble
             desire
             and
             request
             therefore
             is
             ,
             That
             this
             Honourable
             Court
             will
             be
             pleased
             to
             take
             their
             just
             Cause
             into
             your
             serious
             Consideration
             ,
             that
             as
             they
             are
             for
             the
             most
             part
             the
             ancient●st
             and
             most
             able
             Citizens
             of
             this
             City
             ,
             and
             do
             undergo
             (
             as
             always
             they
             have
             done
             )
             the
             greatest
             part
             of
             the
             Charge
             ,
             and
             Service
             within
             the
             same
             ;
             so
             they
             may
             not
             be
             put
             from
             that
             their
             Right
             of
             Election
             ,
             as
             they
             and
             their
             Predecessors
             ,
             Livery-men
             ,
             have
             (
             without
             alteration
             or
             disturbance
             ,
             lovingly
             and
             peaceably
             )
             held
             and
             enjoyed
             ever
             since
             the
             said
             Act
             of
             the
             15th
             .
             of
             Edward
             the
             Fourth
             ,
             being
             near
             two
             hundred
             years
             ,
             as
             aforesaid
             ,
             or
             be
             discouraged
             from
             bearing
             Charge
             ,
             giving
             Attendan●e
             ,
             and
             performing
             services
             ,
             as
             they
             have
             always
             done
             ,
             and
             performed
             for
             the
             honour
             and
             good
             of
             this
             City
             .
             And
             they
             shall
             ,
             according
             to
             their
             duties
             ,
             pray
             ,
          
           &c.
           
        
         
           
             
               
                 Mercers
                 .
              
               
                 Tho.
                 Chamberlain
                 ,
              
               
                 William
                 Barbe
                 .
              
            
             
               
                 Grocers
                 .
              
               
                 Samu●l
                 Harsnet
                 ,
              
               
                 William
                 Hulme
                 .
              
            
             
               
                 Drapers
                 .
              
               
                 Francis
                 Peeke
                 ,
              
               
                 Peter
                 Iones
                 .
              
            
             
               
                 Fishmongers
                 .
              
               
                 Tho.
                 Lusher
                 ,
              
               
                 Gyles-Baggs
                 .
              
            
             
               
                 Goldsmiths
                 .
              
               
                 Iohn
                 Terry
                 ,
              
               
                 Iohn
                 Perrin
                 .
              
            
             
               
                 Skinners
                 .
              
               
                 Iohn
                 Garrard
                 ,
              
               
                 Iohn
                 Southwood
                 .
              
            
             
               
                 Merchant-Taylors
              
               
                 George
                 Alpers
                 ,
              
               
                 Richard
                 Orme
                 .
              
            
             
               
                 Iohn
                 Green
                 ,
                 Haberdasher
                 .
              
               
                 Iohn
                 Redding
                 ,
                 Salter
                 .
              
               
                 Robert
                 Cravenor
                 ,
                 Ironmonger
                 .
              
            
             
               
                 Vintners
                 .
              
               
                 William
                 Field
                 ,
              
               
                 Wiliiam
                 Iames.
                 
              
            
             
               
                 Cloth-workers
                 .
              
               
                 Iohn
                 Milles
                 ,
              
               
                 Edward
                 Chard
                 .
              
            
          
           
             I.
             Sadler
             .
          
        
      
       
         
           To
           the
           Right
           Honourable
           the
           Lord
           Mayor
           ,
           Aldermen
           ,
           and
           Commons
           in
           Common-Council
           Assembled
           .
           The
           Humble
           Petition
           of
           divers
           Freemen
           ;
           Inhabitants
           of
           this
           Honourable
           City
           :
        
         
           Sheweth
           ,
        
         
           THat
           whereas
           the
           Ancient
           Liberties
           of
           the
           City
           did
           admit
           only
           Freemen
           of
           the
           same
           ,
           to
           have
           his
           Vote
           in
           the
           choice
           of
           the
           Supreme
           Magistrates
           thereof
           :
           The
           imposition
           of
           the
           Governours
           upon
           a
           People
           without
           their
           voluntary
           Election
           ,
           importing
           the
           prevalency
           of
           meer
           Tyranny
           and
           Slavery
           ,
           And
           whereas
           the
           Livery-men
           of
           each
           Company
           thereof
           not
           chosen
           either
           by
           the
           City
           ,
           or
           their
           respective
           Companies
           ,
           and
           therefore
           not
           Representee●
           ,
           either
           of
           the
           one
           or
           the
           other
           ,
           have
           for
           many
           years
           past
           ,
           imposed
           such
           
           Supreme
           Magistrates
           upon
           the
           same
           City
           as
           they
           pleased
           ,
           without
           the
           suf●'rage
           of
           the
           Freemen
           thereof
           ,
           either
           by
           themselves
           or
           Representees
           chosen
           for
           that
           purpose
           ;
           and
           for
           which
           end
           ,
           your
           Petitioners
           humbly
           conceive
           this
           Court
           hath
           been
           Constituted
           ,
           and
           sworn
           upon
           the
           election
           of
           the
           Representative
           Members
           thereof
           in
           their
           several
           Wards
           .
        
         
           The
           premises
           considered
           ,
           the
           Petitioners
           humbly
           pray
           ,
           that
           by
           an
           Act
           of
           this
           honorable
           Court
           ,
           such
           a
           competent
           number
           of
           Representees
           my
           be
           annually
           chosen
           by
           the
           Freemen
           of
           every
           Word
           ,
           in
           their
           respective
           Words
           ,
           who
           together
           with
           the
           Common
           Council-men
           ,
           may
           be
           authorized
           to
           choose
           the
           Supreme
           Officers
           of
           this
           City
           Annually
           for
           the
           time
           to
           come
           .
           
             And
             your
             Petitioners
             shall
             pray
             ,
             &c.
             
          
        
         
           
             THese
             were
             referred
             to
             a
             Commitee
             ,
             and
             Counsel
             for
             the
             Companies
             there
             heard
             ,
             And
             Mr.
             Price
             in
             the
             behalf
             of
             the
             Freemen
             :
             from
             thence
             it
             was
             referred
             to
             be
             fully
             debated
             before
             the
             Lord
             Mayor
             ,
             Court
             of
             Aldermen
             and
             Common
             Council
             .
             And
             on
             Saturday
             the
             14.
             of
             December
             ,
             the
             Court
             being
             sat
             at
             
               Guild
               Hall
            
             ,
             the
             Companies
             brought
             for
             their
             Counsel
             ,
             Mr.
             Maynard
             ,
             Mr.
             Hales
             ,
             and
             Mr.
             Wilde
             ,
             Gentlemen
             most
             famous
             in
             the
             profession
             of
             the
             Law
             ;
             and
             the
             Freemen
             (
             besides
             Mr.
             
               Iohn
               Price
            
             )
             had
             prevailed
             by
             much
             intreaty
             ,
             with
             Major
             
               Iohn
               Wildman
            
             ,
             as
             I
             am
             informed
             ,
             without
             hopes
             of
             Fees
             or
             Rewards
             to
             plead
             their
             Cause
             ;
             and
             so
             the
             debate
             begun
             as
             followeth
             :
          
           
             
               Mr.
               Price
               .
            
             
               My
               Lord
               ,
               I
               Only
               crave
               leave
               to
               speak
               one
               word
               in
               the
               behalf
               of
               my self
               ;
               for
               I
               acknowledge
               my self
               to
               be
               but
               weak
               in
               the
               knowledge
               of
               the
               Law
               ;
               and
               I
               therefore
               unable
               to
               withstand
               those
               Gentlemen
               of
               the
               long
               robe
               ,
               come
               only
               as
               a
               Citizen
               of
               London
               ,
               to
               render
               a
               reason
               of
               my
               subscribing
               of
               that
               Petition
               that
               was
               presented
               unto
               your
               Honour
               ,
               and
               this
               worshipful
               Court
               ;
               And
               I
               hope
               you
               will
               not
               judge
               otherwise
               of
               my
               appearing
               here
               at
               this
               time
               .
               We
               began
               the
               last
               time
               to
               speak
               of
               it
               ,
               to
               vindicate
               it
               to
               them
               that
               opposed
               us
               herein
               ;
               And
               they
               being
               the
               first
               that
               spake
               then
               ,
               we
               desire
               that
               they
               may
               likewise
               begin
               now
               ,
               and
               then
               with
               your
               Lordships
               favour
               ,
               we
               shall
               reply
               to
               them
               ;
               for
               my
               part
               ,
               I
               thought
               there
               had
               been
               an
               issue
               put
               to
               the
               business
               ,
               and
               little
               thought
               had
               I
               to
               appear
               any
               more
               about
               it
               .
            
          
           
             
               Mr.
               Recorder
               .
            
             
               They
               that
               oppose
               any
               thing
               that
               is
               setled
               ,
               to
               the
               end
               to
               have
               it
               altered
               ,
               they
               usually
               begin
               first
               to
               shew
               their
               grounds
               or
               Reasons
               ,
               in
               all
               Courts
               of
               Justice
               .
            
          
           
             
               Mr.
               Mainard
               .
            
             
               The
               intent
               of
               our
               coming
               here
               ,
               is
               not
               to
               introduce
               any
               novelty
               ,
               but
               to
               maintain
               the
               ancient
               priviledges
               of
               this
               Famous
               City
               under
               which
               it
               hath
               for
               so
               many
               hundreds
               of
               years
               flourished
               ,
               in
               all
               Happiness
               the
               Earth
               affords
               with
               Peace
               and
               Plenty
               .
            
             
               And
               therefore
               we
               conceive
               we
               shall
               not
               need
               to
               produce
               any
               arguments
               to
               defend
               our
               cause
               ,
               but
               to
               answer
               the
               objections
               that
               shall
               be
               made
               by
               such
               that
               do
               oppose
               us
               in
               the
               enjoying
               our
               Right
               ,
               always
               presuming
               that
               where
               the
               Possession
               goeth
               ,
               there
               the
               Right
               is
               ;
               and
               therefore
               if
               they
               on
               the
               other
               side
               have
               any
               thing
               to
               Object
               ,
               we
               are
               ready
               to
               give
               Answers
               to
               their
               Objections
               .
            
          
           
             
             
               Mr.
               Price
               .
            
             
               We
               hope
               we
               are
               before
               such
               Men
               ,
               as
               will
               not
               take
               notice
               so
               much
               of
               the
               Persons
               as
               of
               the
               Arguments
               ,
               that
               are
               brought
               on
               both
               sides
               ;
               And
               therefore
               my
               Lord
               ,
               I
               shall
               begin
               to
               proceed
               where
               they
               please
               .
               The
               last
               time
               this
               business
               was
               under
               consideration
               before
               the
               worshipful
               Committee
               to
               be
               heard
               ,
               the
               business
               was
               driven
               as
               I
               conceive
               ,
               to
               this
               head
               by
               your
               Opponents
               ,
               to
               know
               whether
               the
               thing
               desired
               by
               us
               ,
               be
               in
               your
               power
               to
               grant
               to
               us
               ;
               And
               whether
               the
               things
               desired
               by
               them
               ,
               were
               in
               your
               power
               to
               deny
               them
               .
            
             
               They
               Pleaded
               by
               their
               Council
               ,
               that
               they
               maintained
               their
               Priviledges
               by
               Right
               of
               Custom
               ,
               so
               that
               it
               was
               Argued
               that
               the
               Law
               of
               Election
               was
               not
               in
               this
               Courts
               Power
               to
               give
               .
            
             
               So
               that
               your
               Lordship
               and
               this
               Honourable
               Court
               ,
               are
               by
               them
               made
               not
               so
               much
               as
               Judges
               ,
               much
               less
               Parties
               .
            
          
           
             
               Mr.
               Recorder
               .
            
             
               Mr.
               Price
               ,
               takes
               it
               for
               granted
               ,
               That
               all
               this
               Court
               understands
               the
               State
               of
               this
               Case
               ,
               which
               they
               do
               not
               ;
               and
               therefore
               I
               desire
               the
               Question
               may
               be
               rightly
               stated
               ,
               that
               is
               to
               be
               disputed
               upon
               ,
               otherwise
               you
               will
               spend
               much
               time
               and
               run
               into
               confusion
               ,
               and
               it
               will
               be
               impossible
               for
               them
               that
               hear
               you
               to
               understand
               the
               business
               ;
               so
               that
               I
               desire
               the
               Question
               may
               be
               stated
               ,
               and
               the
               matter
               of
               Fact
               agreed
               upon
               .
            
          
           
             
               Mr.
               Price
               .
            
             
               My
               Lord
               ,
               I
               had
               thought
               to
               begin
               where
               we
               left
               the
               last
               time
               ;
               and
               the
               Question
               then
               stated
               ,
               was
               reduced
               to
               this
               short
               point
               ;
               Whether
               the
               Right
               of
               Election
               of
               the
               chief
               Officers
               of
               this
               City
               ,
               did
               belong
               to
               the
               Livery-men
               of
               the
               several
               Companies
               ,
               with
               the
               Lord
               Mayor
               and
               Court
               of
               Aldermen
               ,
               by
               vertue
               of
               a
               Law
               of
               this
               Court
               ,
               or
               by
               vertue
               of
               custome
               .
            
          
           
             
               Mr.
               Recorder
               .
            
             
               I
               beseech
               you
               let
               it
               be
               clear
               what
               you
               go
               upon
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               My
               Lord
               ,
               I
               am
               here
               desired
               by
               many
               Free-men
               of
               this
               City
               to
               appear
               in
               their
               behalf
               ,
               to
               inforce
               a
               Petition
               of
               theirs
               delivered
               to
               this
               Court
               ,
               and
               they
               also
               produced
               to
               me
               a
               Petition
               preferred
               to
               some
               others
               in
               opposition
               to
               theirs
               ;
               And
               as
               I
               conceive
               ,
               that
               noble
               Gentleman
               Mr.
               Recorder
               ,
               desires
               that
               which
               is
               very
               requisite
               ,
               that
               is
               ,
               That
               the
               Question
               may
               be
               rightly
               stated
               ;
               and
               so
               the
               Arguments
               produced
               on
               either
               side
               ;
               Now
               I
               conceive
               the
               Question
               is
               this
               ,
               Whether
               the
               Wardens
               ,
               Assistants
               ,
               and
               Livery-men
               of
               the
               several
               Companies
               of
               this
               City
               of
               London
               ,
               ought
               to
               have
               the
               Election
               of
               the
               Lord
               Mayor
               ,
               and
               Sheriffs
               of
               London
               ,
               or
               whether
               the
               Freemen
               in
               general
               by
               themselves
               or
               by
               their
               Deputies
               have
               the
               Right
               of
               that
               Election
               .
            
          
           
             
               City-Counsell
               .
            
             
               The
               Question
               cannot
               be
               collected
               from
               the
               Petition
               ,
               which
               prays
               ,
               That
               the
               People
               of
               the
               several
               Wards
               (
               where
               many
               Forreiners
               inhabit
               ,
               )
               may
               chuse
               the
               Lord
               Mayor
               .
            
          
           
             
             
               Mr.
               Wildman
               .
            
             
               My
               Lord
               ,
               I
               believe
               those
               Gentlemen
               endeavour
               so
               to
               state
               the
               Question
               ,
               that
               they
               might
               make
               the
               Court
               believe
               ,
               that
               we
               would
               split
               our selves
               upon
               that
               Rock
               of
               
                 Popular
                 Confusion
              
               ;
               but
               we
               shall
               endeavour
               to
               avoid
               that
               Clamor
               .
               We
               conceive
               the
               Question
               to
               be
               this
               :
               Whether
               the
               Masters
               ,
               Wardens
               ,
               Assistants
               ,
               and
               Livery-men
               of
               the
               several
               Companies
               ,
               of
               Right
               ought
               to
               Elect
               the
               Lord
               Mayor
               ,
               and
               the
               Sheriffs
               of
               this
               City
               ;
               Or
               the
               Freemen
               of
               the
               City
               by
               themselves
               or
               their
               Deputies
               .
               It
               will
               be
               concluded
               on
               both
               sides
               ,
               That
               the
               Lord
               Mayor
               ,
               and
               Court
               of
               Aldermen
               ,
               with
               the
               Common-Counsel
               men
               ,
               may
               have
               a
               Right
               in
               the
               Election
               .
            
          
           
             
               City-Counsell
               .
            
             
               We
               say
               the
               Lord
               Mayor
               ,
               and
               the
               Aldermen
               ,
               and
               the
               Common-Counsel
               ,
               and
               the
               Masters
               ,
               Assistants
               ,
               and
               Liveries
               of
               the
               several
               Companies
               ,
               have
               the
               Right
               of
               the
               Election
               ,
               and
               Possession
               of
               that
               Right
               .
            
          
           
             
               Mr.
               Price
               .
            
             
               The
               Question
               is
               ,
               Whether
               the
               Election
               as
               it
               is
               ,
               shall
               continue
               ,
               or
               not
               continue
               ;
               We
               deny
               not
               that
               the
               Right
               of
               Election
               doth
               belong
               to
               the
               Wardens
               and
               Livery-men
               of
               each
               Company
               ,
               with
               my
               Lord
               Mayor
               ,
               and
               Court
               of
               Aldermen
               .
               But
               the
               Question
               is
               ,
               Whether
               it
               belongs
               to
               them
               upon
               such
               grounds
               as
               are
               unalterable
               by
               this
               Court
               ;
               if
               they
               are
               unalterable
               by
               this
               Court
               ,
               let
               them
               shew
               by
               what
               Law
               ;
               if
               they
               are
               alterable
               ,
               we
               are
               then
               in
               a
               fair
               way
               to
               have
               one
               Petition
               granted
               .
            
          
           
             
               Mr.
               Mainard
               .
            
             
               There
               is
               nothing
               pretended
               by
               the
               Petition
               that
               is
               endeavoured
               to
               be
               made
               the
               Question
               .
               They
               do
               complain
               in
               their
               Petition
               ,
               That
               this
               Government
               which
               you
               have
               so
               long
               enjoyed
               in
               this
               City
               ,
               is
               an
               Imposition
               of
               Tyranny
               and
               Slavery
               ,
               and
               that
               imposed
               ;
               when
               I
               came
               first
               hither
               ,
               I
               thought
               I
               was
               to
               speak
               to
               matter
               of
               Right
               ,
               but
               they
               decline
               that
               ,
               and
               speak
               to
               point
               of
               Crime
               .
            
          
           
             
               Mr.
               Price
               .
            
             
               It
               is
               true
               ,
               these
               words
               of
               Tyranny
               and
               Slavery
               are
               in
               the
               Petition
               ,
               but
               they
               are
               with
               a
               Parenthesis
               .
               I
               desire
               the
               Petition
               may
               be
               read
               .
            
             
               (
               The
               Petition
               was
               then
               read
               .
               )
            
          
           
             
               Mr.
               Price
               .
            
             
               We
               say
               that
               the
               imposition
               of
               such
               and
               such
               things
               is
               slavery
               ?
               but
               it
               is
               not
               in
               relation
               to
               this
               Court
               ,
               but
               in
               Answer
               to
               their
               Petition
               ,
               who
               call
               it
               in
               their
               Petition
               their
               Ancient
               Right
               ;
               if
               it
               be
               their
               Ancient
               Right
               ,
               let
               them
               shew
               by
               what
               Law
               ;
               And
               I
               conceive
               the
               Parenthesis
               is
               only
               in
               Relation
               to
               that
               Expression
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               I
               humbly
               conceive
               (
               my
               Lord
               ,
               and
               Gentlemen
               )
               the
               thing
               in
               Question
               must
               be
               collected
               from
               the
               Prayer
               of
               both
               Petitions
               ;
               the
               Sum
               of
               the
               Prayer
               of
               one
               Petition
               is
               this
               ,
               that
               the
               Representatives
               of
               all
               the
               Wards
               may
               (
               as
               of
               Right
               they
               ought
               )
               Elect
               the
               chief
               Officers
               of
               this
               City
               .
            
          
           
             
             
               Mr.
               Recorder
               .
            
             
               I
               think
               ,
               the
               business
               before
               you
               ,
               is
               to
               come
               to
               the
               Question
               in
               hand
               ;
               and
               I
               humbly
               beg
               ,
               That
               for
               expressions
               on
               both
               sides
               ,
               they
               may
               be
               wholly
               waved
               ;
               and
               if
               you
               will
               not
               speak
               the
               Question
               ,
               that
               you
               would
               agree
               of
               it
               in
               writing
               .
            
          
           
             
               Mr.
               Mainard
               .
            
             
               I
               suppose
               it
               is
               conceived
               by
               all
               what
               we
               both
               aim
               at
               ,
               I
               shall
               be
               a
               suitor
               that
               those
               Gentlemen
               may
               go
               on
               to
               matter
               of
               Argument
               ,
               and
               I
               shall
               speak
               what
               I
               am
               able
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               May
               it
               please
               your
               Lordship
               ,
               to
               let
               me
               pursue
               the
               Recorder's
               motion
               ;
               We
               humbly
               conceive
               that
               the
               Prayer
               of
               our
               Petition
               must
               direct
               us
               to
               state
               the
               Question
               ;
               we
               pray
               no
               more
               but
               this
               ,
               That
               the
               chief
               Officers
               of
               the
               City
               may
               be
               chosen
               by
               the
               several
               Wards
               ,
               in
               their
               Representatives
               Annually
               .
               We
               do
               admit
               that
               the
               Lord
               Mayor
               ,
               the
               Court
               of
               Aldermen
               ,
               and
               Common-Council
               ,
               may
               have
               Right
               of
               Election
               ,
               because
               they
               represent
               their
               Wards
               ;
               but
               we
               pray
               that
               our
               Right
               in
               Electing
               ,
               as
               we
               are
               Free-men
               ,
               may
               be
               restored
               to
               us
               .
            
          
           
             
               Mr.
               Hales
               .
            
             
               My
               Lord
               ,
               There
               's
               no
               Officers
               of
               any
               Corporation
               in
               England
               ,
               but
               are
               by
               Usage
               or
               Charter
               ;
               and
               if
               these
               Gentlemen
               be
               about
               Officers
               ,
               their
               Question
               is
               about
               the
               Officers
               of
               a
               Corporation
               ;
               these
               Gentlemen
               would
               introduce
               some
               new
               thing
               that
               hath
               not
               been
               heretofore
               used
               ,
               and
               we
               desire
               to
               know
               upon
               what
               imagined
               pretence
               they
               would
               have
               it
               ,
               and
               that
               they
               shew
               us
               the
               persons
               to
               inforce
               the
               thing
               they
               desire
               ;
               otherwise
               ,
               why
               do
               they
               Petition
               ?
            
          
           
             
               Mr.
               Wildman
               .
            
             
               My
               Lord
               ,
               These
               Gentlemen
               would
               avoid
               the
               true
               stating
               the
               Question
               ,
               and
               engage
               us
               in
               Logomachi●'s
               ,
               contentions
               about
               words
               ;
               we
               would
               know
               wherein
               they
               oppose
               the
               desire
               of
               our
               Petition
               ,
               to
               have
               the
               Ancient
               Right
               of
               the
               Citizens
               of
               Lond●n
               ,
               restored
               to
               them
               in
               the
               Choice
               of
               the
               chief
               Officers
               of
               the
               City
               .
            
          
           
             
               Mr.
               Mainard
               .
            
             
               We
               deny
               That
               you
               desire
               in
               your
               Petition
               ,
               is
               the
               Right
               of
               the
               City
               of
               London
               .
               It
               is
               so
               far
               from
               being
               their
               Right
               ,
               that
               when
               they
               put
               that
               in
               Execution
               ,
               they
               lose
               their
               Charter
               ,
               and
               all
               their
               Franchises
               .
            
          
           
             
               Mr.
               Price
               .
            
             
               The
               Question
               was
               reduced
               to
               this
               ,
               Whether
               it
               was
               in
               the
               power
               of
               this
               Court
               to
               alter
               what
               was
               then
               in
               custome
               ,
               so
               that
               we
               shall
               not
               be
               lookt
               upon
               as
               adversaries
               to
               our
               Opponents
               ,
               denying
               this
               Court
               their
               Right
               of
               election
               ;
               but
               if
               we
               make
               it
               good
               ,
               that
               the
               custome
               was
               altered
               by
               you
               ,
               why
               then
               we
               trust
               we
               serve
               you
               in
               so
               doing
               ,
               if
               we
               prove
               it
               in
               your
               power
               to
               alter
               it
               now
               ;
               and
               it
               shall
               encourage
               us
               to
               pray
               ,
               and
               you
               also
               to
               give
               what
               we
               ask
               ,
               if
               it
               shall
               tend
               to
               the
               good
               Government
               of
               this
               City
               .
            
             
               If
               the
               right
               of
               election
               belong
               to
               the
               Livery
               ,
               it
               must
               appear
               by
               written
               Law
               ,
               or
               by
               custome
               time
               out
               of
               minde
               ;
               if
               by
               a
               Law
               ,
               it
               must
               be
               by
               some
               Law
               of
               the
               Land
               ,
               or
               by
               some
               Charter
               ,
               or
               by
               some
               Act
               of
               Common-Hall
               ,
               or
               Common-Counsel
               .
               If
               it
               be
               by
               Charter
               ,
               we
               must
               insist
               upon
               the
               terms
               of
               the
               Charter
               ,
               
               and
               expounded
               the
               same
               by
               succeeding
               practices
               ,
               and
               if
               this
               Charter
               granted
               in
               King
               Iohns
               time
               be
               meerly
               declarative
               ,
               we
               shall
               know
               what
               the
               custome
               was
               by
               the
               succeeding
               elections
               .
            
             
               If
               you
               plead
               custome
               ,
               we
               shall
               finde
               custome
               for
               many
               years
               ,
               that
               the
               chief
               Officers
               of
               the
               City
               were
               elected
               by
               the
               Lord
               Mayor
               ,
               Court
               of
               Aldermen
               ,
               Common-Counsel-men
               ,
               and
               the
               Wards
               of
               the
               City
               ,
               and
               not
               by
               the
               Livery-men
               of
               every
               Company
               ,
               as
               is
               desired
               by
               these
               Gentlemen
               .
            
             
               To
               the
               15.
               year
               of
               Ed.
               4.
               they
               are
               in
               use
               from
               the
               19.
               year
               of
               Ed.
               the
               first
               ,
               which
               was
               194
               years
               .
               It
               was
               the
               practice
               of
               the
               City
               to
               choose
               by
               Wards
               so
               long
               ;
               And
               the
               Aldermen
               and
               Common-Counsel-men
               are
               chosen
               out
               of
               the
               Wards
               .
               Now
               for
               election
               of
               Mayors
               and
               Sheriffs
               by
               the
               wards
               ,
               we
               will
               give
               you
               but
               a
               place
               of
               that
               plenty
               we
               can
               give
               to
               that
               purpose
               ,
               in
               the
               19.
               year
               of
               Ed.
               the
               first
               1231.
               and
               in
               the
               31.
               year
               of
               Ed.
               the
               first
               .
               In
               the
               19
               of
               Ed.
               the
               first
               out
               of
               twelve
               men
               of
               every
               Ward
               ,
               were
               the
               Sheriffs
               chosen
               ;
               and
               so
               was
               the
               Mayor
               
                 Thomas
                 Blun
              
               chosen
               ;
               the
               Sheriffs
               were
               chosen
               by
               the
               Lord
               Mayor
               ,
               the
               Court
               of
               Aldermen
               ,
               and
               Common-Counsel
               ,
               and
               twelve
               men
               out
               of
               every
               Ward
               ;
               And
               
                 Iohn
                 Lincoln
              
               was
               so
               chosen
               .
            
             
               And
               in
               the
               32.
               of
               Ed.
               the
               first
               
                 Iohn
                 Blun
              
               was
               so
               chosen
               again
               ;
               and
               in
               the
               33.
               of
               Ed.
               the
               first
               ,
               
                 Iohn
                 Blun
              
               was
               chosen
               the
               fifth
               time
               Mayor
               so
               ,
               and
               so
               were
               the
               Sheriffs
               .
            
             
               And
               again
               1
               Ed.
               the
               second
               ,
               
                 Peter
                 Drove
              
               chosen
               Sheriff
               as
               before
               ,
               and
               
                 Iohn
                 Blun
              
               was
               chosen
               Mayor
               the
               sixth
               time
               ;
               the
               first
               of
               Ed.
               the
               second
               ,
               Blun
               was
               chosen
               the
               seventh
               time
               by
               the
               Lord
               Mayor
               ,
               Court
               of
               Aldermen
               ,
               and
               the
               Community
               which
               was
               summoned
               thereunto
               ,
               which
               was
               twelve
               men
               out
               of
               every
               Ward
               ;
               and
               in
               the
               2.
               of
               Ed.
               the
               second
               ,
               Bu●ler
               and
               Dov●r
               were
               chosen
               Sheriffs
               as
               before
               ;
               the
               time
               would
               fail
               if
               we
               should
               speak
               of
               Palmer
               and
               Edmonds
               ,
               &c.
               and
               many
               others
               who
               were
               chosen
               by
               the
               Lord
               Mayor
               ,
               the
               Aldermen
               ,
               the
               Common-Counsel
               ,
               and
               the
               good
               men
               of
               Wards
               .
            
             
               At
               the
               22.
               year
               of
               Henry
               the
               sixth
               ,
               were
               present
               at
               election
               of
               the
               Mayor
               ,
               all
               the
               Common-Counsel-men
               ,
               and
               several
               discreet
               Citizens
               chosen
               out
               of
               every
               Ward
               ;
               its
               true
               they
               are
               called
               the
               Commons
               and
               Community
               ,
               and
               if
               that
               you
               look
               in
               the
               21.
               of
               Ed.
               the
               first
               ,
               the
               Community
               there
               is
               expounded
               to
               be
               the
               honest
               ,
               discreet
               ,
               and
               wise
               men
               of
               the
               Ward
               ;
               so
               that
               they
               were
               Representatives
               chosen
               out
               of
               the
               Wards
               ;
               but
               if
               it
               be
               objected
               ,
               that
               besides
               these
               twelve
               honest
               discreet
               men
               of
               every
               Ward
               ,
               there
               were
               certain
               other
               men
               that
               did
               belong
               unto
               this
               election
               ,
               and
               surely
               it
               may
               imply
               that
               the
               Livery-men
               did
               bel●ng
               unto
               the
               election
               ;
               surely
               no
               ,
               but
               by
               those
               dark
               expressions
               ,
               must
               be
               meant
               the
               honest
               discreet
               men
               chosen
               out
               of
               the
               Wards
               ,
               with
               the
               Lord
               Mayor
               and
               Aldermen
               ,
               to
               whom
               it
               belongs
               
                 ex
                 officio
              
               .
            
             
               The
               main
               argument
               was
               this
               ;
               that
               the
               chief
               Officers
               of
               the
               City
               were
               to
               be
               chosen
               by
               the
               Lord
               Mayor
               ,
               and
               the
               Aldermen
               ,
               and
               Sheriffs
               ,
               and
               Common-Counsel-men
               ,
               with
               twelve
               men
               chosen
               out
               of
               every
               Ward
               that
               were
               discreet
               men
               ,
               that
               was
               granted
               ;
               but
               that
               they
               were
               such
               discreet
               men
               ,
               as
               to
               exclude
               other
               ,
               was
               denied
               :
               If
               that
               these
               are
               the
               men
               ,
               they
               must
               be
               distinguished
               from
               other
               men
               ,
               by
               another
               term
               than
               discreet
               men
               .
               Now
               you
               argue
               thus
               ,
               that
               Livery-men
               are
               discreet
               ,
               and
               therefore
               the
               men
               that
               must
               choose
               my
               Lord
               Mayor
               ,
               are
               the
               Livery-men
               ;
               as
               if
               you
               should
               argue
               ,
               That
               the
               Lord
               Mayor
               wears
               a
               golden
               Chain
               ,
               therefore
               the
               Sheriffs
               are
               Lord
               Mayors
               ,
               because
               they
               wear
               golden
               Chains
               .
            
             
               I
               humbly
               offer
               these
               Considerations
               :
            
             
               1.
               
               My
               Lord
               Mayor
               ,
               nor
               the
               Aldermen
               chuse
               not
               any
               officers
               of
               the
               Companies
               ;
               why
               should
               they
               then
               chuse
               any
               chief
               Officers
               of
               the
               City
               ?
            
             
               2.
               
               The
               jurisdiction
               of
               the
               Mayor
               and
               Sheriffs
               extends
               to
               a
               Local
               Power
               ;
               and
               by
               these
               Gentlemens
               pleading
               ,
               Livery-men
               ,
               Free
               of
               this
               City
               ,
               may
               live
               at
               York
               ;
               and
               if
               they
               be
               at
               London
               that
               day
               my
               Lord
               Mayor
               is
               chosen
               ,
               they
               may
               
               choose
               my
               Lord
               Mayor
               and
               the
               Sheriffs
               of
               this
               City
               ,
               and
               yet
               live
               not
               under
               their
               Power
               .
            
             
               3.
               
               The
               way
               of
               election
               we
               plead
               for
               ,
               doth
               not
               exempt
               them
               from
               being
               chosen
               by
               the
               Ward
               to
               elect
               .
            
             
               4.
               
               Free-men
               of
               this
               City
               pay
               Shot
               and
               Lot
               ,
               and
               are
               bound
               to
               assist
               the
               chief
               Officers
               of
               this
               City
               :
               but
               Livery-men
               living
               not
               under
               these
               bounds
               ,
               are
               not
               under
               this
               obligation
               .
            
             
               5.
               
               Again
               ,
               this
               City
               is
               distributed
               by
               way
               of
               Wards
               ;
               Quest-men
               ,
               Jury-men
               ,
               Constables
               ,
               and
               Scavengers
               ,
               are
               all
               chosen
               by
               the
               Wards
               ;
               and
               it
               is
               most
               necessary
               for
               the
               well
               Government
               of
               this
               City
               ,
               that
               the
               chief
               Officers
               of
               this
               City
               be
               chosen
               by
               Representatives
               from
               every
               Ward
               .
            
             
               6.
               
               If
               there
               be
               any
               miscarriage
               in
               Government
               ,
               The
               Citizens
               living
               in
               the
               City
               must
               be
               taxt
               ,
               and
               pay
               any
               fine
               for
               misgovernment
               ,
               and
               therefore
               it
               is
               most
               fit
               they
               should
               have
               their
               vote
               in
               election
               .
            
             
               7.
               
               And
               further
               ,
               if
               any
               accident
               happen
               by
               Fire
               or
               the
               miscarriage
               of
               one
               of
               more
               of
               the
               chief
               Officers
               ,
               if
               it
               so
               fall
               out
               that
               the
               Treasure
               of
               the
               Chamber
               should
               be
               exhausted
               and
               mis-imployed
               ,
               that
               the
               Orphans
               cannot
               have
               their
               portions
               ,
               I
               desire
               to
               know
               who
               must
               be
               responsible
               for
               it
               ;
               the
               Livery-men
               of
               several
               Companies
               ,
               or
               the
               whole
               Wards
               ,
               and
               every
               particular
               man
               thereof
               ?
            
             
               And
               here
               give
               me
               leave
               to
               be
               heard
               with
               Charity
               :
               God
               knows
               my
               Heart
               ,
               I
               speak
               out
               of
               Love
               to
               you
               all
               ,
               and
               as
               prest
               in
               Conscience
               ,
               what
               I
               have
               to
               say
               ,
               I
               am
               sure
               it
               is
               the
               whisperings
               ,
               nay
               the
               Report
               of
               most
               ,
               and
               I
               fear
               too
               true
               ;
               That
               the
               cry
               of
               the
               Fatherless
               and
               the
               Widdow
               doth
               sollicite
               Heaven
               for
               vengeance
               ,
               for
               expending
               the
               poor
               Orphans
               Estates
               ;
               and
               we
               trust
               and
               believe
               ,
               that
               your
               Honour
               and
               this
               Honourable
               Court
               ,
               whose
               Faces
               ,
               and
               Lives
               ,
               and
               Conversations
               we
               so
               well
               know
               ,
               that
               we
               do
               verily
               believe
               that
               your
               Hearts
               and
               Hands
               are
               clean
               from
               this
               pollution
               ;
               but
               as
               we
               do
               believe
               ,
               so
               we
               hope
               ,
               that
               your
               Honour
               and
               the
               rest
               will
               take
               some
               speedy
               course
               that
               the
               blood
               of
               the
               Fatherless
               and
               the
               Widdow
               may
               not
               stick
               to
               these
               Walls
               ;
               Let
               our
               Blood
               and
               Estates
               go
               before
               the
               Blood
               of
               poor
               Orphans
               ,
               that
               that
               may
               not
               one
               day
               be
               charged
               upon
               this
               City
               .
               I
               desire
               to
               be
               pardoned
               this
               digression
               .
            
             
               I
               should
               answer
               some
               objections
               that
               are
               commonly
               made
               against
               this
               way
               of
               election
               that
               we
               desire
               :
               The
               first
               is
               this
               ,
               That
               this
               will
               destroy
               the
               Companies
               ,
               and
               so
               at
               last
               it
               will
               strike
               higher
               ,
               to
               wit
               ,
               the
               overthrow
               of
               my
               Lord
               Mayor
               and
               the
               Court
               of
               Aldermen
               ,
               and
               so
               consequently
               all
               Government
               ;
               for
               my
               part
               ,
               I
               know
               not
               that
               Absolon
               among
               us
               ,
               but
               did
               I
               know
               such
               a
               man
               ,
               my
               Hand
               should
               be
               upon
               him
               as
               soon
               as
               any
               mans
               ;
               I
               say
               let
               a
               Bear
               robbed
               of
               her
               whelps
               m●et
               me
               ,
               rather
               then
               a
               People
               without
               Government
               ;
               the
               Magistrates
               power
               is
               my
               power
               ,
               and
               is
               in
               him
               for
               my
               use
               ,
               and
               for
               my
               part
               I
               am
               for
               the
               Majestry
               of
               Magistrates
               :
               for
               when
               we
               read
               of
               Kings
               ,
               we
               read
               of
               Thrones
               and
               Scepters
               ,
               and
               soft
               Raiment
               ,
               &c.
               
            
             
               It
               is
               true
               ,
               though
               your
               chains
               are
               gold
               ,
               yet
               they
               are
               chains
               as
               well
               as
               gold
               :
               and
               though
               your
               Gowns
               be
               Honorable
               ,
               yet
               they
               are
               burdensome
               as
               well
               as
               Honorable
               .
            
             
               But
               as
               for
               the
               business
               in
               hand
               ,
               we
               speak
               not
               against
               the
               Form
               and
               the
               Beauty
               of
               it
               ,
               but
               let
               every
               Star
               shine
               in
               his
               own
               Orbe
               .
            
             
               Let
               there
               be
               no
               confusion
               ;
               let
               Wards
               have
               their
               dues
               ,
               and
               let
               Companies
               have
               theirs
               ;
               I
               want
               opportunity
               to
               set
               forth
               their
               Glory
               and
               their
               Excellency
               in
               their
               proper
               places
               .
               As
               for
               the
               objections
               of
               Popularity
               and
               Confusion
               ,
               we
               shall
               answer
               them
               if
               they
               be
               insisted
               on
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               My
               Lord
               ,
               I
               humbly
               propose
               no
               other
               end
               ,
               but
               to
               inforce
               the
               Petition
               of
               the
               Free-men
               of
               this
               City
               :
               the
               Question
               that
               was
               stated
               is
               this
               ,
               Whether
               the
               Companies
               of
               the
               several
               Misteries
               in
               the
               City
               ,
               or
               the
               Free-men
               in
               the
               several
               Wards
               
               have
               right
               to
               choose
               Lord
               Mayor
               and
               Sheriffs
               .
               Now
               it
               rests
               upon
               us
               to
               prove
               ;
               that
               the
               Free-men
               in
               their
               Representatives
               ,
               chosen
               out
               of
               the
               Wards
               ,
               are
               to
               choose
               ;
               and
               we
               do
               assert
               this
               for
               a
               truth
               ,
               That
               those
               ,
               and
               those
               only
               that
               shall
               be
               actually
               chosen
               to
               represent
               the
               Free-men
               of
               the
               City
               of
               London
               ,
               not
               excluding
               the
               Lord
               Mayor
               ,
               Court
               of
               Aldermen
               ,
               and
               Common-Counsel
               ,
               have
               a
               right
               to
               this
               Election
               .
            
             
               And
               my
               Lord
               ,
               I
               might
               insist
               upon
               it
               ,
               that
               this
               very
               City
               and
               Common-Counsel
               in
               all
               things
               do
               acknowledge
               this
               to
               be
               the
               Peoples
               Right
               ;
               For
               upon
               your
               Election
               of
               your
               Representatives
               in
               Parliament
               ,
               the
               Commissions
               you
               give
               them
               run
               in
               the
               name
               of
               the
               whole
               Commonalty
               of
               the
               City
               .
               And
               it
               is
               generally
               admitted
               to
               be
               the
               Peoples
               right
               in
               all
               Acts
               of
               Common-Counsel
               and
               other
               publick
               Acts
               ,
               which
               run
               in
               the
               name
               of
               the
               Commonalty
               of
               the
               City
               ,
               they
               are
               therefore
               supposed
               to
               do
               those
               Acts
               by
               themselves
               or
               deputyes
               :
               But
               ,
               my
               Lord
               ,
               I
               shall
               wave
               this
               ,
               lest
               I
               should
               reduce
               all
               Government
               to
               an
               uncertainty
               ,
               by
               dissolving
               it
               into
               the
               first
               principles
               ,
               and
               so
               seem
               at
               least
               to
               run
               upon
               that
               Rock
               of
               coufusion
               which
               those
               Gentlemen
               would
               have
               us
               split
               our selves
               upon
               ;
               But
               it
               is
               no
               way
               our
               intention
               ,
               and
               therefore
               I
               shall
               assert
               this
               proposition
               ;
               That
               the
               Representers
               of
               the
               several
               Wards
               ought
               to
               chuse
               the
               Lord
               Mayor
               and
               the
               Sheriffs
               ,
               upon
               a
               Right
               declared
               by
               written
               Law
               ;
               only
               I
               crave
               leave
               to
               premise
               ,
               or
               to
               inform
               this
               Honorable
               Court
               ,
               that
               those
               first
               Records
               that
               should
               make
               out
               the
               Peopels
               right
               ,
               are
               imbezeled
               ,
               burnt
               or
               lost
               ,
               there
               being
               no
               Record
               in
               your
               Treasury
               ,
               but
               since
               Edward
               .
               1.
               
            
             
               But
               my
               Lord
               ,
               by
               Records
               that
               are
               extent
               the
               Liberties
               of
               the
               Citizens
               of
               London
               appear
               to
               be
               more
               ancient
               then
               any
               Charter
               of
               the
               City
               that
               's
               visible
               to
               us
               :
               in
               the
               9.
               
               Chap.
               of
               
                 Magna
                 Charta
              
               it
               is
               said
               ,
               
                 The
                 City
                 of
                 London
                 shall
                 have
                 all
                 her
                 Liberties
                 and
                 Customs
                 she
                 was
                 used
                 to
                 have
              
               ;
               so
               that
               there
               was
               Liberties
               and
               Customes
               that
               the
               City
               had
               before
               the
               great
               Charter
               of
               England
               .
               Now
               it
               is
               agreed
               by
               the
               Gentlemen
               of
               the
               long
               Robe
               ,
               that
               the
               great
               Charter
               of
               England
               is
               chiefly
               declarative
               of
               the
               Common-Law
               ;
               And
               Sir
               
                 Edward
                 Cook
              
               in
               his
               second
               part
               of
               his
               Institutes
               upon
               that
               ground
               declares
               it
               for
               Law
               ,
               that
               any
               Law
               made
               by
               the
               Parliament
               it self
               ,
               and
               contrary
               to
               the
               great
               Charter
               of
               England
               ,
               and
               contrary
               to
               right
               reason
               ,
               is
               void
               of
               it self
               .
            
             
               I
               suppose
               he
               adds
               these
               words
               (
               And
               contrary
               to
               right
               reason
               )
               to
               shew
               that
               he
               means
               onely
               that
               a
               Statute
               made
               against
               that
               part
               of
               the
               great
               Charter
               which
               is
               declarative
               of
               the
               Common-Law
               ,
               is
               null
               of
               it self
               ;
               for
               the
               Common-Law
               ,
               being
               right
               reason
               ,
               it
               cannot
               be
               supposed
               without
               a
               contradiction
               ,
               that
               Parliaments
               should
               of
               Right
               have
               power
               to
               make
               a
               Law
               against
               Right
               .
               Now
               the
               Liberties
               of
               London
               being
               confirmed
               by
               the
               great
               Charter
               ,
               I
               cannot
               conceive
               that
               any
               other
               Liberties
               are
               there
               intended
               to
               be
               confirmed
               ,
               then
               those
               common
               Liberties
               that
               were
               grounded
               upon
               right
               reason
               ,
               and
               then
               those
               words
               of
               the
               ninth
               Chapter
               of
               the
               great
               Charter
               do
               but
               declare
               the
               Common-Law
               ,
               and
               by
               consequence
               are
               unalterable
               ;
               and
               any
               Law
               made
               against
               those
               Liberties
               of
               London
               either
               by
               a
               Power
               within
               the
               City
               ,
               or
               without
               the
               City
               ,
               is
               null
               of
               it self
               ;
               now
               to
               make
               it
               appear
               that
               it
               was
               one
               of
               the
               City
               Liberties
               before
               the
               great
               Charter
               ,
               that
               the
               Free-men
               should
               chuse
               their
               chief
               Officers
               ,
               we
               can
               go
               no
               farther
               then
               your
               Charter
               granted
               by
               King
               Iohn
               ,
               in
               the
               year
               (
               1215.
               )
               435
               years
               since
               ;
               that
               is
               the
               first
               Charter
               the
               City
               of
               London
               hath
               extant
               .
               And
               by
               that
               Charter
               t
               is
               said
               to
               be
               granted
               to
               the
               Barons
               of
               London
               yearly
               to
               elect
               a
               Mayor
               and
               Sheriffs
               ,
               and
               the
               word
               Barons
               doth
               import
               no
               more
               then
               the
               Free-men
               of
               London
               ;
               for
               then
               the
               Free-men
               of
               every
               Port
               were
               called
               Barons
               ,
               though
               since
               it
               hath
               been
               made
               a
               name
               and
               title
               of
               honour
               peculiar
               to
               those
               called
               Noblemen
               .
               Now
               I
               conceive
               it
               will
               be
               agreed
               by
               the
               Gentlemen
               of
               the
               other
               side
               ,
               that
               this
               very
               Charter
               was
               not
               the
               original
               of
               those
               Liberties
               of
               London
               that
               are
               mentioned
               there
               to
               be
               granted
               ,
               but
               that
               it
               was
               only
               declarative
               ,
               shewing
               what
               the
               Liberties
               of
               the
               City
               were
               ;
               and
               here
               I
               must
               infer
               ,
               that
               this
               Charter
               declaring
               that
               the
               Barons
               of
               the
               City
               (
               wherein
               every
               particular
               Citizen
               is
               included
               )
               should
               chuse
               the
               Mayor
               and
               the
               Sheriffs
               ,
               this
               (
               I
               say
               )
               doth
               but
               
               declare
               what
               was
               the
               Common
               rihgt
               of
               all
               the
               Citizens
               of
               London
               before
               this
               Charter
               .
            
             
               I
               may
               then
               from
               hence
               conclude
               ,
               that
               before
               the
               great
               Charter
               it
               was
               the
               Right
               of
               the
               Citizens
               of
               London
               ,
               none
               Excluded
               ,
               That
               they
               should
               Chuse
               the
               Mayor
               and
               their
               Sheriffs
               ;
               and
               such
               a
               Right
               as
               I
               crave
               leave
               to
               affirm
               to
               be
               Unalterable
               ,
               that
               is
               justly
               so
               ;
               for
               being
               a
               Right
               by
               the
               Law
               of
               Nature
               ,
               't
               is
               superior
               to
               all
               other
               Laws
               ,
               and
               other
               Laws
               are
               onely
               so
               far
               Right
               ,
               as
               they
               agree
               with
               that
               ;
               however
               I
               may
               more
               bol●ly
               say
               ,
               That
               this
               Liberty
               of
               the
               Citizens
               of
               London
               being
               confirmed
               by
               the
               
                 Great
                 Charter
              
               ,
               cannot
               be
               null
               by
               any
               Act
               of
               Common-Council
               ;
               and
               I
               humbly
               conceive
               that
               it
               was
               not
               in
               the
               Common-Council's
               Power
               ,
               to
               make
               that
               Act
               in
               the
               Fifteenth
               of
               Edward
               the
               Fourth
               ,
               to
               debar
               all
               but
               the
               Liveries
               of
               the
               several
               Companies
               to
               come
               to
               the
               Election
               of
               the
               Mayor
               ,
               and
               Sheriffs
               :
               for
               they
               could
               not
               take
               away
               the
               Right
               of
               the
               Citizens
               declared
               by
               their
               Charter
               ;
               and
               in
               the
               
                 First
                 Charter
              
               ,
               and
               all
               others
               ,
               't
               is
               said
               to
               be
               Giranted
               to
               the
               Citizens
               indefinitely
               ,
               to
               Chuse
               of
               themselves
               a
               Mayor
               :
               and
               the
               Charter
               ought
               to
               be
               construed
               in
               favour
               of
               Right
               ,
               and
               so
               't
               is
               to
               be
               taken
               that
               it
               is
               Granted
               to
               all
               the
               Citizens
               :
               and
               this
               their
               Right
               is
               apparent
               by
               the
               use
               of
               it
               ,
               which
               is
               mentioned
               in
               all
               the
               most
               Ancient
               Records
               of
               the
               City
               :
               there
               's
               one
               or
               two
               very
               clear
               to
               this
               purpose
               .
               The
               City
               growing
               great
               and
               very
               populous
               after
               their
               first
               Charter
               ,
               found
               it
               inconvenient
               to
               meet
               together
               ,
               the
               Commonalty
               being
               very
               great
               :
               and
               therefore
               according
               to
               this
               their
               Right
               ,
               which
               we
               Assert
               ,
               the
               whole
               City
               at
               a
               Common-Hall
               did
               make
               an
               Agreement
               ,
               That
               Eight
               ,
               Ten
               ,
               or
               Twelve
               ,
               of
               every
               Ward
               should
               be
               Chosen
               by
               their
               Wards
               ,
               and
               in
               their
               Names
               ,
               and
               in
               their
               Steads
               ,
               Elect
               the
               Mayor
               and
               the
               Sheriffs
               of
               the
               City
               .
            
             
               As
               in
               the
               Sixth
               Year
               of
               King
               Edward
               the
               Second
               ,
               Lib.
               D.
               Fol.
               3.
               which
               if
               you
               please
               I
               desire
               may
               be
               Read
               ;
               that
               you
               may
               not
               think
               I
               speak
               without
               Book
               .
            
             
               The
               Act
               was
               Read.
               
            
             
               And
               in
               the
               Twentieth
               Year
               of
               Edward
               the
               Third
               ,
               in
               the
               Year
               1347.
               there
               is
               an
               Act
               of
               a
               Common-Hall
               Recorded
               ,
               wherein
               't
               is
               said
               that
               there
               gathered
               together
               on
               Simon
               and
               Iu●es
               Day
               ,
               the
               whole
               Commonalty
               into
               
                 Guild-Hall
                 ,
                 London
              
               ,
               so
               that
               the
               whole
               Hall
               was
               full
               with
               the
               Commonalty
               .
            
             
               The
               Act
               read
               in
               these
               words
               .
            
             
               And
               it
               is
               agreeed
               that
               from
               henceforth
               there
               shall
               come
               the
               Mayor
               ,
               the
               Aldermen
               ,
               and
               also
               out
               of
               every
               Ward
               of
               the
               City
               of
               London
               ,
               Twelve
               ,
               Eight
               ,
               or
               Six
               ,
               according
               as
               the
               Ward
               shall
               be
               great
               or
               small
               ,
               of
               the
               Richest
               and
               Wisest
               of
               every
               Ward
               ;
               and
               such
               Twelve
               ,
               Eight
               ,
               or
               Six
               ,
               with
               the
               Mayor
               and
               Aldermen
               ,
               shall
               intermeddle
               ,
               and
               Chuse
               a
               Mayor
               and
               Sheriffs
               ,
               for
               the
               Year
               following
               .
            
             
               I
               conceive
               this
               is
               sufficient
               to
               prove
               ,
               That
               it
               is
               the
               Citizens
               of
               Londons
               Right
               to
               Chuse
               the
               Mayor
               and
               Sheriffs
               of
               London
               ;
               for
               accordingly
               they
               did
               meet
               together
               ,
               the
               whole
               Body
               of
               the
               Free-men
               ;
               and
               finding
               that
               inconvenient
               ,
               the
               Commonalty
               did
               agree
               at
               a
               full
               Hall
               ,
               that
               such
               a
               select
               number
               should
               be
               chosen
               by
               every
               Ward
               ,
               and
               sent
               to
               the
               Election
               of
               the
               Mayor
               and
               Sheriffs
               ,
               as
               appears
               by
               the
               Act
               that
               hath
               been
               read
               ;
               and
               't
               is
               probable
               ,
               that
               this
               was
               not
               the
               first
               
               time
               that
               such
               an
               Agreement
               was
               made
               ,
               but
               that
               this
               was
               made
               after
               the
               Commonalty
               had
               upon
               some
               Occasion
               reassumed
               the
               Power
               of
               Electing
               to
               themselves
               ;
               for
               according
               to
               this
               Agreement
               ,
               it
               was
               the
               Practice
               of
               the
               City
               of
               London
               for
               near
               two
               hundred
               years
               before
               it
               was
               put
               into
               the
               hands
               of
               the
               Livery-men
               of
               each
               Company
               ;
               in
               19th
               .
               of
               Edward
               the
               First
               ,
               Lib.
               C.
               Fol.
               62.
               the
               Election
               of
               the
               Mayor
               and
               Sheriffs
               ,
               is
               said
               to
               have
               been
               by
               the
               Mayor
               ,
               Sheriffs
               ,
               and
               Aldermen
               ,
               and
               Twelve
               men
               of
               every
               Ward
               .
            
             
               In
               the
               19th
               .
               year
               of
               Edward
               the
               first
               ,
               Blun
               was
               Chosen
               Mayor
               of
               the
               City
               of
               London
               ,
               by
               the
               Common-Counsel
               and
               Aldermen
               ,
               and
               by
               the
               Assent
               of
               twelve
               honest
               men
               of
               every
               Ward
               of
               the
               whole
               City
               .
            
             
               My
               Lord
               ,
               it
               is
               apparent
               that
               twelve
               men
               were
               Chosen
               by
               every
               Ward
               ,
               that
               did
               Elect
               the
               Lord
               Mayor
               and
               the
               Sheriffs
               .
               And
               the
               very
               same
               words
               are
               in
               the
               31.
               of
               Edw.
               1.
               where
               Martin
               and
               Burford
               were
               Chosen
               Sheriffs
               ;
               and
               in
               the
               Thirty
               Second
               of
               Edward
               the
               First
               ,
               where
               
                 Iohn
                 Blun
              
               was
               so
               Chosen
               Mayor
               .
               Lib.
               C.
               Fol.
               111.
               and
               112.
               
               And
               in
               the
               First
               Year
               of
               Edward
               the
               Second
               ,
               
                 Fol.
                 112.
                 
                 Picot
              
               and
               Dury
               were
               so
               Chosen
               Sheriffs
               .
               I
               humbly
               submit
               it
               to
               your
               Lordship
               ,
               whether
               you
               will
               see
               these
               Records
               .
               I
               may
               quote
               more
               ,
               as
               in
               the
               Third
               of
               Edward
               the
               Second
               ,
               Lib.
               C.
               
                 Fol.
                 113.
                 &c.
              
               
               It
               was
               the
               continual
               Practice
               from
               Year
               to
               Year
               ,
               that
               the
               Twelve
               Men
               Chosen
               by
               every
               Ward
               ,
               did
               Elect
               the
               Lord
               Mayor
               ,
               and
               the
               Sheriffs
               ;
               there
               is
               a
               whole
               Jury
               of
               Witnesses
               in
               the
               Records
               to
               this
               purpose
               .
               And
               my
               Lord
               ,
               where
               this
               Usage
               may
               seem
               to
               have
               ceased
               ,
               because
               in
               other
               Records
               't
               is
               said
               they
               were
               Elected
               by
               the
               Lord
               Mayor
               ,
               Sheriffs
               ,
               and
               Aldermen
               ,
               and
               the
               whole
               Commonalty
               ;
               we
               shall
               make
               it
               appear
               that
               this
               is
               meant
               the
               Selected
               Men
               of
               the
               Wards
               ;
               though
               however
               those
               Records
               are
               clear
               for
               us
               :
               for
               if
               the
               Choice
               was
               by
               the
               whole
               Commonalty
               ,
               it
               was
               either
               by
               themselves
               ,
               or
               these
               Deputies
               .
               Yet
               we
               find
               one
               Record
               in
               the
               Twenty
               First
               of
               Edward
               the
               First
               ,
               Lib.
               C.
               Fol.
               6.
               where
               't
               is
               said
               ,
               First
               ,
               that
               there
               was
               Assembled
               the
               whole
               Commonalty
               ,
               and
               then
               't
               is
               Explained
               in
               these
               words
               ,
               That
               is
               to
               say
               of
               every
               Ward
               ,
               the
               Richest
               and
               the
               Wisest
               .
            
          
           
             The
             Record
             was
             Read.
             
          
           
             
               Mr.
               Wildman
               .
            
             
               I
               produce
               this
               Record
               for
               this
               End
               ,
               to
               shew
               that
               where
               the
               Election
               is
               said
               to
               be
               by
               the
               Commonalty
               of
               the
               City
               ,
               it
               is
               to
               be
               understood
               the
               select
               number
               of
               every
               Wards
               Representatives
               ;
               for
               it
               is
               supposed
               every
               one
               is
               included
               ;
               and
               therefore
               't
               is
               said
               to
               be
               by
               the
               Commonalty
               .
               I
               pray
               my
               Lord
               observe
               these
               words
               in
               this
               Record
               ,
               
                 the
                 whole
                 Commonalty
                 ,
                 that
                 is
                 to
                 say
                 the
                 more
                 able
                 and
                 discreet
                 men
                 of
                 every
                 Ward
                 .
              
               And
               to
               confirm
               this
               ,
               if
               there
               be
               any
               need
               of
               it
               ,
               we
               can
               produce
               another
               Record
               in
               113.
               
               
                 Fol.
                 Libro
              
               C.
               where
               Election
               is
               said
               to
               be
               made
               by
               the
               Commonalty
               summoned
               thereunto
               :
               yet
               in
               Page
               112.
               of
               the
               same
               ,
               it
               is
               said
               men
               of
               every
               Ward
               did
               Choose
               :
               whence
               I
               Collect
               that
               by
               the
               expression
               of
               the
               Commonalty
               summoned
               hereto
               ,
               is
               understood
               the
               Twelve
               Men
               from
               the
               Wards
               ;
               so
               that
               it
               appeareth
               clearly
               in
               my
               humble
               Opinion
               ,
               That
               it
               was
               the
               Practice
               of
               the
               City
               for
               near
               two
               hundred
               Years
               ,
               to
               Choose
               by
               their
               Representatives
               ,
               before
               it
               came
               to
               be
               the
               Usage
               of
               the
               City
               ,
               to
               Choose
               by
               the
               Livery-men
               of
               the
               Companies
               .
            
             
               And
               my
               Lord
               ,
               if
               it
               were
               needful
               to
               strengthen
               this
               ,
               we
               can
               shew
               by
               *
               Records
               ,
               That
               Parliament
               men
               where
               Chosen
               by
               the
               Lord
               Mayor
               ,
               Aldermen
               ,
               and
               Twelve
               men
               of
               every
               Ward
               ;
               these
               were
               the
               Representers
               of
               the
               Wards
               ,
               that
               joyned
               with
               the
               Lord
               Mayor
               ,
               and
               the
               Court
               of
               Aldermen
               ,
               in
               such
               Elections
               ;
               and
               the
               Commissions
               given
               to
               the
               Parliament-men
               ,
               are
               in
               the
               Name
               of
               the
               whole
               Commonalty
               of
               the
               City
               ,
               which
               admits
               they
               were
               all
               there
               in
               their
               
               Persons
               or
               in
               their
               Deputies
               ,
               to
               Choose
               them
               ,
               and
               give
               them
               their
               Commissions
               :
               else
               the
               Commonalty
               is
               abused
               in
               having
               their
               Names
               used
               in
               the
               Commissions
               .
            
             
               Now
               my
               Lord
               ,
               I
               shall
               take
               the
               boldness
               to
               conclude
               from
               all
               this
               evidence
               of
               the
               Common-Councel
               of
               London
               ,
               though
               I
               much
               honor
               their
               power
               ,
               and
               would
               be
               infinitely
               loth
               to
               detract
               from
               it
               :
               yet
               my
               Lord
               I
               must
               crave
               leave
               to
               affirm
               ,
               That
               it
               being
               the
               liberty
               of
               all
               the
               Free-men
               of
               L●ndon
               ;
               by
               themselves
               or
               deputies
               ,
               to
               chuse
               the
               Lord
               Mayor
               and
               Sherifis
               ;
               and
               this
               being
               confirmed
               to
               them
               by
               
                 Magna
                 Charia
              
               ,
               as
               unalterable
               :
               and
               all
               the
               people
               having
               declared
               at
               a
               full
               Common
               Hall
               that
               they
               had
               put
               it
               into
               the
               hands
               of
               twelve
               Men
               which
               were
               their
               deputies
               ,
               or
               Representatives
               to
               elect
               the
               chief
               Officers
               of
               of
               this
               City
               ;
               this
               my
               Lord
               being
               the
               case
               ,
               I
               say
               ,
               I
               humbly
               ,
               affirm
               ,
               that
               it
               was
               not
               in
               the
               power
               of
               the
               Common-Councel
               by
               that
               Act
               15
               Edward
               4
               to
               take
               away
               the
               Free-mens
               right
               ,
               not
               to
               say
               who
               should
               be
               the
               Peoples
               deputies
               to
               make
               their
               elections
               ,
               they
               being
               by
               the
               People
               deputies
               themselves
               ,
               and
               deputed
               to
               another
               power
               ;
               So
               that
               my
               Lord
               ,
               I
               now
               conclude
               that
               it
               was
               the
               Ancient
               undoubted
               right
               of
               the
               Citizens
               of
               London
               by
               themselves
               or
               their
               deputies
               ,
               to
               make
               their
               election
               of
               their
               Mayor
               and
               Sheriffs
               ,
               and
               other
               chief
               Officers
               of
               the
               City
               ;
               and
               I
               conceive
               the
               Petition
               of
               the
               Freemen
               of
               the
               City
               of
               London
               ,
               which
               I
               now
               indeavor
               to
               inforce
               ,
               amounts
               to
               no
               more
               then
               a
               modest
               humble
               claim
               of
               their
               Common
               right
               ,
               that
               elections
               might
               be
               future
               be
               made
               by
               the
               deputies
               of
               every
               Ward
               ,
               which
               was
               the
               ancient
               custome
               of
               the
               City
               before
               the
               great
               Charter
               ;
               and
               all
               their
               Charters
               ,
               that
               of
               King
               Iohn
               ,
               and
               since
               ,
               say
               that
               the
               election
               shall
               be
               according
               to
               the
               ancient
               custom
               of
               the
               City
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               And
               if
               the
               King
               at
               any
               time
               sent
               Writs
               ,
               or
               made-Proclamation
               for
               the
               quieting
               the
               elections
               when
               there
               was
               disturbances
               ,
               and
               prohibited
               the
               access
               of
               People
               :
               Yet
               the
               more
               honest
               and
               discreet
               men
               of
               the
               several
               Wards
               are
               mentioned
               as
               bound
               to
               come
               to
               the
               election
               ,
               and
               't
               is
               commauded
               that
               they
               chuse
               
                 prout
                 moris
                 est
              
               ,
               according
               to
               their
               custom
               ;
               and
               I
               conceive
               it
               hath
               been
               proved
               that
               it
               was
               their
               custom
               to
               chuse
               by
               the
               Representatives
               of
               every
               Ward
               .
               I
               shall
               say
               nothing
               for
               the
               conveniency
               of
               this
               way
               of
               choice
               that
               I
               plead
               for
               ,
               because
               we
               claim
               it
               as
               our
               right
               :
               and
               we
               expect
               that
               the
               Arguments
               against
               us
               will
               be
               chiefly
               from
               pretended
               inconveniences
               s
               and
               when
               those
               Arguments
               are
               produced
               ,
               we
               shall
               endeavor
               to
               answer
               them
               .
            
          
           
             
               Mr.
               Mainard
               .
            
             
               I
               suppose
               to
               satisfie
               your
               Consciences
               what
               is
               the
               Right
               in
               that
               which
               is
               indeavored
               by
               these
               Gentlemen
               to
               be
               defended
               ,
               which
               they
               have
               taken
               very
               great
               pains
               about
               ,
               in
               collecting
               what
               hath
               been
               said
               to
               you
               ;
               I
               shall
               endeavour
               Gentlemen
               in
               the
               first
               place
               to
               remove
               that
               which
               seemeth
               to
               lie
               in
               my
               way
               ,
               and
               so
               come
               to
               that
               which
               I
               have
               to
               say
               in
               Answer
               to
               what
               hath
               been
               spoken
               by
               you
               .
            
             
               The
               Gentleman
               that
               first
               spake
               ,
               taking
               Occasion
               to
               make
               an
               Apology
               for
               his
               own
               inability
               to
               perform
               the
               Work
               in
               his
               hands
               ,
               he
               was
               pleased
               to
               say
               that
               which
               I
               conceive
               you
               do
               not
               believe
               ;
               he
               would
               make
               as
               if
               he
               wanted
               parts
               ,
               when
               certainly
               he
               shewed
               very
               great
               Skill
               in
               the
               very
               entrance
               of
               the
               business
               ;
               and
               when
               the
               Fact
               was
               but
               a
               little
               stated
               ,
               he
               would
               have
               laid
               hold
               of
               ▪
               you
               all
               ,
               and
               so
               of
               making
               you
               Judges
               ,
               he
               would
               have
               made
               you
               Parties
               ;
               A●d
               indeed
               it
               is
               well
               that
               you
               are
               both
               Judges
               and
               Parties
               ;
               they
               said
               ,
               and
               
               doubtless
               they
               are
               ingenious
               ,
               that
               they
               desire
               you
               to
               proceed
               according
               as
               you
               should
               be
               satisfied
               in
               conscience
               ,
               the
               which
               for
               my
               part
               I
               doubt
               not
               but
               that
               you
               will
               ;
               there
               was
               much
               said
               how
               much
               it
               did
               behove
               you
               in
               point
               of
               danger
               ;
               but
               what
               that
               danger
               is
               I
               understand
               not
               ;
               but
               he
               tels
               you
               he
               urged
               it
               out
               of
               zeal
               ;
               also
               he
               tels
               you
               much
               of
               some
               secret
               Absolom
               ;
               but
               for
               my
               part
               I
               understand
               not
               what
               ,
               nor
               who
               he
               means
               hereby
               ;
               I
               will
               take
               no
               advantage
               of
               any
               mans
               affection
               nor
               inclinations
               at
               all
               ;
               but
               the
               man
               which
               that
               Gentlemen
               spake
               to
               the
               business
               in
               hand
               ,
               was
               that
               he
               cited
               many
               precedents
               and
               records
               for
               the
               practice
               of
               what
               he
               now
               desireth
               my
               be
               effected
               ;
               But
               truly
               I
               do
               extreamly
               much
               misunderstand
               those
               presidents
               and
               Records
               that
               he
               produceth
               ,
               If
               that
               they
               are
               not
               as
               full
               against
               them
               ,
               as
               any
               thing
               can
               be
               said
               .
            
             
               I
               shall
               first
               offer
               the
               weight
               of
               their
               reasons
               ,
               which
               they
               urge
               without
               president
               ;
               which
               deals
               most
               candidly
               ,
               you
               shall
               judge
               ;
               for
               I
               shall
               involve
               the
               former
               in
               the
               latter
               ,
               Mr.
               Price
               in
               Mr.
               Wildman
               ;
               and
               first
               ,
               That
               that
               was
               urged
               by
               Mr.
               Wildman
               by
               way
               of
               reason
               was
               this
               ,
               that
               it
               is
               a
               principle
               of
               Common
               right
               ,
               that
               just
               subjection
               cannot
               be
               but
               by
               assent
               ,
               and
               there
               is
               no
               way
               whereby
               this
               assent
               may
               be
               but
               this
               he
               speaks
               of
               .
               I
               do
               deny
               his
               Major
               .
               I
               shall
               deny
               his
               first
               proposition
               ;
               there
               is
               ,
               and
               may
               be
               just
               subjection
               without
               assent
               ;
               and
               certainly
               the
               experience
               of
               all
               generations
               in
               the
               World
               evidences
               this
               truth
               ,
               that
               there
               may
               be
               just
               subjection
               without
               assent
               ;
               and
               there
               be
               but
               few
               Governments
               but
               are
               established
               without
               assent
               :
               it
               is
               true
               ,
               where
               the
               assent
               is
               ,
               the
               easier
               is
               the
               subjection
               born
               .
               But
               what
               doth
               he
               mean
               by
               assent
               ?
               a
               vertual
               or
               personal
               assent
               ?
               if
               he
               means
               personal
               assent
               ,
               why
               then
               when
               should
               there
               be
               any
               such
               assent
               ?
               but
               to
               say
               no
               man
               nor
               People
               shall
               be
               Governed
               but
               by
               Assent
               ,
               we
               deny
               ;
               for
               is
               not
               a
               Lawful
               Conquest
               a
               Lawful
               Title
               in
               some
               Cases
               ?
               the
               matter
               is
               not
               to
               make
               the
               Business
               impossible
               without
               assent
               .
               But
               to
               that
               which
               they
               deliver
               ,
               I
               can
               no
               way
               assent
               .
               He
               tels
               you
               that
               the
               several
               Wards
               must
               have
               Representatives
               to
               elect
               the
               chief
               Officers
               of
               this
               City
               ,
               and
               he
               tels
               you
               the
               first
               Records
               were
               lost
               and
               imbezeled
               ;
               But
               it
               is
               not
               right
               placed
               .
            
             
               But
               Gentlemen
               ,
               what
               doth
               he
               conclude
               ?
               he
               tells
               you
               there
               were
               Records
               ,
               and
               he
               tells
               you
               without
               all
               question
               ,
               if
               that
               they
               were
               extant
               ,
               they
               would
               speak
               for
               them
               ;
               although
               he
               nor
               none
               else
               know
               the
               Contents
               of
               them
               .
               But
               saith
               he
               ,
               The
               Liberties
               of
               London
               are
               Ancienter
               then
               the
               
                 Great
                 Charter
              
               ;
               and
               the
               Liberties
               of
               London
               being
               Confirmed
               by
               that
               Law
               ;
               therefore
               any
               Law
               made
               against
               that
               ,
               is
               void
               and
               null
               :
               and
               therefore
               the
               Common-Counsel
               cannot
               change
               them
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               I
               said
               that
               wherein
               the
               great
               Charter
               was
               declarative
               of
               the
               Common-Law
               ,
               
                 i.
                 e.
              
               right
               Reason
               ,
               it
               was
               unalterable
               ,
               and
               any
               Liberty
               of
               London
               of
               that
               nature
               ,
               such
               as
               is
               that
               we
               now
               Plead
               for
               ,
               ought
               also
               to
               be
               unalterable
               .
            
          
           
             
             
               Mr.
               Mainard
               .
            
             
               You
               said
               this
               ,
               that
               our
               City
               Liberties
               are
               Ancienter
               th●n
               
                 Magna
                 Charta
              
               ;
               and
               that
               they
               are
               confirmed
               by
               
                 Magna
                 Charta
              
               ,
               and
               therefore
               cannot
               be
               altered
               by
               any
               Law
               ,
               much
               less
               by
               the
               Common-Counsel
               .
            
             
               I
               shall
               appeal
               to
               the
               whole
               Auditory
               for
               the
               Argument
               ;
               then
               what
               ever
               
                 Magna
                 Charta
              
               hath
               confirmed
               cannot
               be
               by
               any
               Law
               repealed
               ;
               and
               when
               this
               comes
               to
               generals
               ,
               this
               may
               be
               of
               very
               sad
               consequence
               ;
               I
               see
               Laws
               are
               edged
               tools
               ;
               those
               that
               understand
               them
               ,
               make
               good
               use
               of
               them
               :
               and
               those
               that
               do
               not
               understand
               them
               ,
               will
               finde
               that
               they
               are
               sharpe
               ,
               and
               will
               cut
               ;
            
             
               Now
               he
               comes
               to
               the
               presidents
               which
               I
               did
               tell
               you
               before
               ,
               and
               hope
               to
               make
               it
               clear
               ,
               that
               the
               presidents
               cited
               do
               overthrow
               that
               which
               they
               bring
               them
               for
               .
               I
               shall
               offer
               unto
               you
               ,
               that
               which
               according
               to
               the
               best
               of
               my
               Judgment
               ,
               is
               matter
               of
               reason
               ,
               and
               proof
               of
               that
               which
               hath
               been
               affirmed
               by
               them
               .
               I
               shall
               not
               beg
               any
               favour
               from
               you
               ,
               in
               regard
               I
               sp●ak
               for
               that
               which
               is
               dear
               to
               you
               all
               ,
               which
               is
               the
               Peace
               ,
               Prosperity
               ,
               and
               well
               Government
               of
               this
               famous
               City
               :
               we
               shall
               first
               lay
               before
               you
               the
               fact
               ,
               and
               from
               thence
               proceed
               to
               the
               Question
               .
               From
               the
               fifteenth
               of
               E●ward
               the
               fourth
               ,
               there
               hath
               been
               a
               succession
               of
               Election
               this
               way
               ,
               and
               that
               cannot
               be
               denied
               by
               any
               ,
               which
               is
               nigh
               two
               hundred
               years
               .
               If
               any
               man
               lay
               claim
               to
               any
               thing
               ,
               he
               either
               doth
               claim
               of
               right
               ,
               or
               prescription
               .
            
             
               Now
               if
               a
               man
               should
               come
               and
               put
               you
               to
               prove
               your
               right
               ,
               when
               you
               have
               had
               possession
               of
               an
               Estate
               150
               years
               past
               ,
               you
               would
               think
               your self
               hardly
               dealt
               withal
               .
               Now
               we
               shall
               prove
               that
               there
               hath
               been
               180.
               years
               possession
               of
               Election
               this
               way
               ,
               and
               it
               hath
               by
               the
               blessing
               of
               God
               brought
               with
               it
               Peace
               ,
               Prosperity
               ,
               and
               plenty
               to
               you
               ;
               and
               I
               hope
               you
               are
               not
               so
               ungrateful
               ,
               but
               to
               acknowledge
               it
               ;
               but
               it
               is
               told
               you
               ,
               and
               much
               pains
               is
               taken
               to
               perswade
               you
               by
               these
               Gentlemen
               that
               this
               must
               be
               removed
               ;
               but
               under
               favour
               upon
               little
               grounds
               .
            
             
               You
               see
               here
               are
               but
               two
               ,
               and
               these
               two
               differ
               in
               what
               they
               would
               maintain
               .
               Now
               all
               Truths
               stand
               one
               with
               another
               ;
               saith
               one
               ,
               this
               is
               lawful
               ;
               saith
               another
               ,
               this
               cannot
               be
               changed
               ;
               either
               you
               must
               conclude
               the
               present
               is
               lawful
               or
               unlawful
               ;
               if
               lawful
               ,
               why
               is
               it
               desired
               to
               be
               changed
               ?
               But
               judge
               you
               the
               consequents
               of
               this
               ;
               if
               you
               deny
               this
               way
               now
               establisht
               to
               be
               lawful
               ,
               then
               the
               whole
               City
               of
               London
               for
               above
               two
               hundred
               years
               never
               had
               one
               lawful
               Mayor
               ,
               and
               all
               Actions
               performed
               by
               them
               may
               be
               questioned
               .
               Now
               in
               the
               fourty
               one
               of
               Queen
               Elizabeth
               ,
               there
               being
               a
               difference
               in
               the
               City
               about
               Election
               of
               Officers
               ,
               all
               the
               Judges
               of
               England
               were
               caused
               to
               meet
               together
               about
               this
               very
               thing
               ;
               and
               it
               was
               expresly
               resolved
               by
               them
               all
               ,
               that
               such
               Elections
               were
               lawful
               ,
               and
               London
               is
               named
               in
               the
               Resolution
               ;
               and
               it
               is
               said
               they
               found
               it
               a
               Question
               of
               very
               great
               Advice
               ,
               and
               those
               Judges
               were
               very
               grave
               ,
               pious
               ,
               and
               godly
               men
               ,
               for
               some
               of
               them
               ,
               as
               Popham
               and
               Anderson
               ,
               and
               Pyriam
               also
               a
               famous
               man
               ;
               so
               that
               Gentlemen
               ,
               fifty
               years
               ago
               this
               Question
               was
               on
               foot
               ,
               and
               all
               the
               Judges
               of
               the
               Land
               did
               then
               give
               their
               Resolutions
               ,
               that
               it
               would
               be
               matter
               of
               very
               great
               inconveniency
               to
               alter
               it
               ,
               and
               they
               gave
               it
               as
               in
               right
               of
               Law
               to
               belong
               ,
               as
               it
               had
               been
               before
               ;
               and
               if
               it
               be
               not
               lawful
               ,
               then
               this
               City
               hath
               forfeited
               its
               Charter
               ,
               and
               is
               lyable
               ,
               when
               they
               that
               are
               above
               in
               Power
               and
               Authority
               at
               any
               time
               shall
               be
               pleased
               ,
               to
               be
               questioned
               for
               it
               ;
               I
               do
               apprehend
               that
               the
               foundation
               of
               your
               right
               doth
               not
               depend
               upon
               any
               Charter
               ;
               those
               Charters
               you
               have
               ,
               are
               matter
               of
               confirmation
               ,
               and
               not
               Charters
               that
               do
               give
               you
               your
               Right
               ;
               the
               antientest
               Record
               that
               you
               produce
               ,
               is
               from
               King
               Iohn
               ,
               but
               the
               first
               year
               
               of
               Richard
               the
               first
               is
               the
               utmost
               bounds
               of
               memory
               .
               If
               that
               it
               be
               not
               by
               prescription
               ,
               why
               then
               are
               many
               customs
               of
               the
               City
               void
               ?
               For
               there
               are
               many
               customes
               and
               usages
               for
               which
               there
               is
               no
               Charter
               ,
               nor
               is
               it
               possible
               there
               should
               be
               ;
               and
               therefore
               it
               must
               of
               necessity
               follow
               ,
               that
               Mayors
               was
               time
               out
               of
               Mind
               ;
               and
               the
               truth
               is
               ,
               Mayors
               were
               in
               use
               before
               the
               Charter
               ;
               they
               were
               indeed
               called
               Portwards
               and
               Portrifts
               ;
               but
               the
               Name
               was
               changed
               in
               Richard
               the
               First
               's
               time
               ,
               and
               from
               thence
               they
               were
               called
               Mayors
               ,
               and
               the
               Charter
               was
               granted
               in
               the
               Name
               of
               the
               Mayor
               ;
               so
               that
               though
               the
               Officers
               Name
               be
               changed
               ,
               it
               is
               the
               same
               Officer
               still
               ,
               the
               Power
               the
               same
               ,
               but
               not
               the
               Name
               ,
               if
               they
               were
               not
               by
               Custome
               ;
               for
               you
               must
               know
               what
               is
               by
               Custome
               ,
               is
               not
               by
               Charter
               ,
               and
               what
               is
               by
               Charter
               is
               not
               by
               Custome
               .
               Now
               then
               what
               is
               the
               Charter
               ?
               the
               Barons
               of
               themselves
               may
               choose
               a
               Mayor
               ;
               this
               Charter
               being
               of
               this
               Antiquity
               ,
               it
               shall
               be
               construed
               according
               to
               usage
               ,
               and
               that
               is
               a
               rule
               in
               Law
               ,
               and
               that
               is
               your
               consequence
               ;
               for
               if
               we
               shall
               be
               forced
               to
               find
               out
               the
               meaning
               of
               words
               ,
               you
               shall
               be
               to
               seek
               ;
               for
               Citizens
               in
               those
               times
               were
               called
               Barons
               .
               But
               we
               shall
               now
               come
               to
               answer
               their
               objections
               ,
               and
               to
               make
               those
               objections
               we
               have
               to
               say
               on
               the
               other
               sides
               .
               Those
               Records
               that
               they
               produce
               ,
               say
               ,
               we
               shall
               all
               choose
               ,
               and
               if
               that
               you
               hold
               your selves
               to
               the
               letter
               ,
               Then
               you
               are
               tyed
               to
               an
               impossibility
               ,
               that
               is
               every
               Citizen
               none
               excluded
               ,
               and
               then
               yon
               will
               reduce
               your selves
               to
               an
               absolute
               impossibility
               ;
               but
               say
               they
               ,
               we
               would
               have
               a
               Representative
               made
               out
               of
               every
               Ward
               ,
               and
               so
               they
               with
               the
               Mayor
               and
               Court
               of
               Aldermen
               ,
               should
               choose
               the
               chief
               Officers
               of
               the
               City
               ;
               but
               this
               doth
               no
               more
               stand
               as
               an
               objection
               against
               the
               present
               choice
               ;
               for
               if
               you
               look
               to
               the
               words
               of
               the
               Record
               produced
               ,
               it
               doth
               not
               bear
               it
               ;
               for
               doth
               the
               Charter
               grant
               you
               any
               such
               Representative
               ?
               Taking
               it
               for
               granted
               ,
               the
               Right
               is
               founded
               upon
               Charter
               ,
               and
               and
               not
               upon
               custom
               :
               and
               I
               take
               it
               to
               be
               by
               Ancient
               custom
               before
               the
               Charter
               ,
               or
               else
               the
               Charter
               would
               not
               bear
               it
               ,
               that
               they
               should
               choose
               a
               Mayor
               ,
               and
               not
               telling
               them
               how
               and
               when
               ;
               for
               this
               general
               grant
               was
               made
               because
               it
               was
               their
               custom
               ;
               but
               an
               objection
               is
               made
               ,
               that
               in
               this
               way
               which
               we
               now
               choose
               ,
               all
               do
               not
               choose
               .
               But
               I
               answer
               ;
               all
               do
               choose
               ,
               though
               not
               by
               their
               own
               votes
               ;
               you
               say
               ,
               when
               did
               we
               give
               our
               right
               to
               the
               Livery
               Men
               to
               give
               vote
               for
               us
               ?
               I
               answer
               a
               Man
               seeth
               with
               his
               eye
               ,
               ye
               we
               say
               the
               Man
               seeth
               ;
               a
               Mans
               hand
               moveth
               ,
               but
               it
               is
               the
               Man
               that
               moveth
               it
               ;
               so
               though
               every
               part
               doth
               not
               do
               every
               thing
               in
               the
               City
               ,
               yet
               the
               whole
               doth
               every
               thing
               ,
               and
               the
               City
               doth
               choose
               ,
               though
               every
               member
               thereof
               be
               not
               at
               the
               choice
               ;
               so
               that
               the
               question
               is
               whether
               you
               do
               believe
               this
               was
               lawfully
               done
               by
               those
               that
               do
               it
               .
               Now
               if
               Lawfully
               why
               then
               they
               are
               the
               Cities
               Representatives
               ;
               as
               for
               example
               for
               the
               Parliament
               ,
               every
               member
               thereof
               cannot
               give
               his
               vote
               for
               the
               passing
               of
               all
               things
               :
               for
               many
               times
               ,
               many
               of
               them
               are
               in
               the
               Country
               when
               many
               Acts
               are
               past
               ,
               and
               yet
               we
               say
               the
               Parliament
               doth
               it
               ;
               as
               in
               election
               of
               Parliament
               Men
               in
               the
               Country
               ,
               the
               Writs
               run
               ,
               that
               the
               People
               shall
               choose
               ;
               and
               yet
               we
               all
               know
               that
               none
               choose
               but
               such
               as
               are
               Free-holders
               ,
               although
               there
               may
               be
               many
               as
               good
               men
               as
               Free-holders
               ,
               yet
               they
               have
               no
               vote
               :
               and
               yet
               this
               Act
               is
               accounted
               the
               Act
               of
               all
               the
               Commons
               in
               England
               ,
               though
               they
               come
               in
               but
               by
               some
               parts
               ,
               and
               some
               have
               no
               vote
               in
               the
               choice
               of
               them
               ;
               we
               may
               not
               depart
               from
               this
               ;
               for
               by
               this
               we
               hold
               all
               we
               have
               ;
               so
               if
               this
               be
               a
               lawful
               choice
               ,
               why
               then
               the
               Law
               supposes
               that
               where
               there
               is
               a
               continuance
               of
               a
               lawful
               possession
               ,
               there
               all
               lawful
               meanes
               is
               supposed
               to
               maintain
               the
               possession
               .
            
             
             
               If
               that
               all
               the
               City
               should
               meet
               together
               ,
               and
               set
               down
               this
               Order
               ,
               if
               that
               it
               be
               once
               settled
               ,
               that
               for
               ever
               hereafter
               these
               and
               these
               shall
               chuse
               ;
               then
               you
               make
               those
               your
               Trustees
               ,
               and
               it
               supposeth
               such
               an
               ancient
               custom
               was
               .
               And
               truly
               ,
               Gentlemen
               ,
               the
               choice
               as
               now
               it
               is
               ,
               is
               no
               otherwise
               ;
               for
               the
               Aldermen
               they
               are
               chosen
               by
               the
               Ward
               ,
               and
               so
               are
               the
               Common
               Council
               .
            
             
               I
               will
               put
               you
               a
               Case
               ,
               which
               to
               my
               Understanding
               ,
               is
               like
               this
               .
               In
               the
               28.
               year
               of
               Edw.
               the
               1st
               .
               there
               was
               a
               Statute
               made
               ,
               wherein
               the
               King
               grants
               to
               the
               People
               ,
               that
               they
               shall
               chuse
               the
               Sheriffs
               ,
               or
               conservators
               of
               the
               Peace
               ;
               whenas
               there
               was
               nothing
               more
               clear
               ,
               that
               none
               but
               the
               Freeholders
               should
               chuse
               them
               .
               Mark
               the
               parallel
               ;
               and
               yet
               this
               is
               an
               Act
               of
               Parliament
               that
               hath
               its
               beginning
               at
               that
               time
               :
               and
               yet
               that
               is
               accounted
               the
               choice
               of
               the
               People
               .
            
             
               I
               shall
               now
               come
               to
               examine
               that
               which
               I
               told
               you
               of
               ,
               the
               Presidents
               which
               they
               produced
               ;
               which
               I
               was
               bold
               to
               tell
               you
               ,
               that
               every
               one
               of
               them
               made
               against
               them
               .
            
             
               That
               which
               is
               desired
               is
               ,
               That
               every
               Ward
               should
               chuse
               them
               Representatives
               ,
               and
               that
               those
               Representatives
               ,
               together
               with
               my
               Lord
               Mayor
               ,
               and
               Court
               of
               Aldermen
               ,
               should
               chuse
               the
               chief
               Officers
               of
               the
               City
               .
               And
               in
               proof
               to
               this
               ,
               I
               shall
               appeal
               to
               your
               Memories
               ,
               and
               to
               the
               words
               of
               the
               Presidents
               ,
               whether
               one
               President
               that
               they
               produce
               ,
               prove
               that
               those
               6
               ,
               8
               ,
               or
               12
               men
               that
               were
               summoned
               to
               chuse
               ,
               were
               chosen
               by
               the
               Ward
               .
               You
               shall
               see
               what
               a
               pass
               you
               will
               come
               to
               ,
               if
               you
               go
               according
               to
               their
               meaning
               of
               those
               Presidents
               .
               Says
               the
               first
               President
               ,
               
                 They
                 were
                 summoned
                 from
                 each
                 Ward
                 .
              
               They
               did
               not
               summon
               themselves
               .
               Pray
               then
               who
               summoned
               them
               ?
               Why
               ,
               it
               was
               the
               Mayor
               that
               summoned
               them
               :
               The
               Mayor
               summoned
               whom
               he
               would
               ;
               somtimes
               6
               ,
               somtimes
               8
               ,
               somtimes
               12
               ,
               at
               his
               pleasure
               ;
               and
               he
               summoned
               somtimes
               the
               Honest
               men
               ,
               somtimes
               the
               Rich
               men
               ,
               and
               somtimes
               the
               Wise
               men
               ;
               and
               they
               came
               and
               made
               Election
               of
               the
               Mayor
               .
               There
               is
               not
               the
               least
               tittle
               in
               all
               the
               Records
               that
               they
               produce
               ,
               that
               they
               were
               chosen
               by
               the
               Ward
               .
               It
               is
               one
               thing
               to
               say
               ,
               12
               Men
               that
               were
               summoned
               from
               such
               a
               Ward
               ,
               came
               ,
               and
               another
               thing
               to
               say
               ,
               12
               Men
               that
               were
               elected
               by
               the
               Ward
               ,
               came
               and
               chose
               :
               and
               yet
               so
               it
               is
               said
               ,
               that
               at
               that
               Convention
               there
               should
               be
               6
               ,
               8
               ,
               or
               12
               of
               the
               Honestest
               ,
               Wisest
               ,
               and
               Richest
               men
               of
               the
               Ward
               chose
               .
            
             
               If
               that
               there
               should
               be
               such
               a
               Summons
               〈◊〉
               out
               ,
               That
               all
               the
               Richest
               ,
               and
               all
               the
               Wisest
               of
               such
               and
               such
               a
               Ward
               should
               come
               ,
               what
               a
               kind
               of
               Summons
               is
               this
               !
               And
               how
               shall
               you
               judge
               of
               these
               persons
               ?
               &c.
               
            
             
               But
               it
               appears
               the
               Mayor
               sent
               out
               his
               Process
               and
               summoned
               them
               ,
               and
               so
               a
               Law
               is
               made
               ,
               that
               none
               should
               come
               but
               those
               who
               are
               thus
               summoned
               :
               as
               it
               appears
               in
               the
               Election
               of
               Blunn
               Mayor
               ,
               and
               all
               along
               no
               mention
               made
               of
               electing
               the
               persons
               ,
               but
               summoning
               them
               to
               appear
               .
            
             
               Otherwise
               this
               must
               be
               understood
               to
               be
               the
               Common
               Council
               of
               the
               City
               of
               London
               ,
               for
               they
               have
               had
               several
               terms
               ;
               and
               a
               man
               may
               very
               well
               say
               ,
               when
               the
               right
               is
               in
               the
               Commons
               to
               do
               this
               ,
               or
               that
               ,
               that
               when
               it
               is
               done
               by
               their
               Trustee
               ,
               it
               is
               done
               by
               the
               Commons
               .
               Now
               the
               Common
               Council
               are
               often
               so
               called
               ,
               the
               Commons
               of
               this
               City
               .
               Now
               how
               will
               you
               understand
               that
               these
               6
               ,
               8
               ,
               or
               12
               men
               were
               only
               chosen
               for
               this
               end
               ,
               To
               chuse
               the
               chief
               Officers
               ?
               There
               is
               nothing
               less
               in
               the
               *
               Record
               :
               only
               Master
               Wildman
               fancies
               that
               the
               Ward
               met
               upon
               this
               occasion
               ,
               and
               elected
               them
               ;
               and
               then
               the
               Mayor
               should
               summon
               them
               .
               So
               that
               ,
               I
               say
               ,
               there
               could
               not
               be
               stronger
               Presidents
               than
               what
               they
               have
               produced
               ,
               that
               make
               against
               themselves
               .
               I
               shall
               now
               conclude
               what
               inconveniences
               would
               follow
               in
               point
               of
               Law
               ,
               in
               case
               they
               had
               their
               desire
               .
            
             
               Secondly
               ,
               You
               put
               your selves
               upon
               this
               hazard
               ,
               that
               if
               you
               part
               from
               that
               which
               is
               warranted
               by
               Charter
               ,
               and
               warranted
               by
               the
               possession
               of
               200
               years
               ,
               and
               warranted
               by
               the
               Resolution
               of
               those
               12
               Judges
               ,
               I
               say
               ,
               Then
               you
               will
               forfeit
               your
               Charter
               which
               you
               have
               so
               long
               enjoyed
               .
            
             
             
               Thirdly
               ,
               It
               will
               be
               inconvenient
               to
               you
               ,
               in
               regard
               of
               your
               Liberty
               in
               the
               Ancient
               Laws
               of
               England
               .
               No
               man
               dwelt
               in
               any
               Ward
               ,
               but
               was
               sworn
               to
               appear
               upon
               all
               summons
               to
               Courts
               .
            
             
               Your
               Wards
               have
               Courts
               of
               Inquest
               :
               and
               over
               them
               you
               have
               the
               Sheriffs
               Court
               ;
               and
               this
               Court
               ,
               which
               is
               above
               that
               :
               and
               no
               man
               can
               live
               out
               of
               those
               Jurisdictions
               .
            
             
               Your
               Wards
               in
               the
               City
               are
               like
               your
               Hundred-Courts
               in
               the
               Country
               .
               And
               heretofore
               ,
               in
               all
               Wards
               ,
               every
               one
               was
               to
               be
               summoned
               ,
               assoon
               as
               one
               was
               12
               years
               old
               ,
               they
               were
               to
               be
               summoned
               to
               give
               an
               account
               of
               their
               Life
               .
            
             
               In
               a
               Ward
               you
               know
               there
               are
               many
               that
               are
               not
               Free-men
               ;
               and
               there
               are
               many
               Free-men
               that
               have
               their
               Habitations
               abroad
               .
               Now
               if
               you
               admit
               of
               all
               to
               come
               to
               choice
               ,
               why
               then
               Foreigners
               that
               live
               in
               the
               Ward
               ,
               shall
               have
               more
               freedom
               than
               Free-men
               that
               live
               out
               of
               the
               Ward
               ;
               and
               it
               may
               so
               fall
               out
               ,
               that
               in
               some
               Wards
               there
               may
               be
               more
               Strangers
               than
               Free-men
               .
               So
               that
               in
               this
               way
               of
               choice
               by
               the
               Ward
               ,
               oftentimes
               those
               that
               are
               Citizens
               may
               be
               excluded
               ,
               and
               those
               that
               are
               Foreigners
               may
               be
               included
               .
            
             
               But
               you
               may
               say
               ,
               we
               will
               exclude
               those
               that
               are
               not
               Free-men
               from
               choice
               .
               But
               was
               there
               ever
               any
               such
               thing
               done
               in
               this
               World
               ?
            
             
               The
               next
               thing
               that
               will
               follow
               it
               will
               be
               this
               ,
               Popularity
               .
               Gentlemen
               ,
               you
               must
               remember
               that
               I
               told
               you
               that
               the
               Ward
               consisteth
               of
               every
               Inhabitant
               thereof
               :
               and
               when
               you
               are
               in
               such
               a
               populous
               place
               as
               this
               City
               is
               ,
               and
               when
               that
               they
               shall
               all
               meet
               together
               ,
               what
               Breaches
               of
               Peace
               and
               Insurrections
               may
               come
               !
               I
               speak
               not
               of
               that
               which
               is
               without
               president
               :
               and
               such
               Meetings
               cannot
               be
               ,
               in
               any
               wise
               mans
               apprehension
               ;
               but
               this
               will
               follow
               .
            
             
               But
               truly
               I
               do
               not
               look
               upon
               this
               as
               the
               greatest
               danger
               ;
               but
               there
               is
               this
               in
               it
               also
               :
               The
               foundation
               upon
               which
               this
               is
               grounded
               ,
               which
               the
               Doctrinal
               part
               of
               the
               Law
               ,
               in
               this
               case
               is
               undermined
               ,
               and
               the
               Example
               of
               such
               a
               thing
               as
               this
               :
               For
               after
               this
               Example
               ,
               truly
               all
               the
               Government
               or
               Corporations
               of
               this
               Kingdom
               will
               receive
               such
               shakings
               ,
               as
               I
               blush
               to
               mention
               ,
               when
               they
               shall
               consider
               the
               Ancient
               Government
               of
               this
               City
               ,
               so
               backt
               with
               Lawful
               Authority
               ,
               put
               into
               a
               new
               way
               .
               There
               is
               not
               a
               more
               dangerous
               thing
               in
               my
               Understanding
               .
            
             
               Heretofore
               when
               the
               Prer●●●tive
               did
               lie
               upon
               you
               ,
               you
               did
               shew
               your selves
               constant
               to
               your
               own
               Interest
               .
               Truly
               this
               is
               a
               meer
               design
               to
               betray
               you
               ;
               and
               it
               will
               shake
               you
               all
               to
               pieces
               ,
               if
               you
               look
               not
               to
               it
               ;
               for
               it
               is
               an
               Earth-quake
               under
               you
               ,
               and
               will
               blow
               you
               up
               .
            
             
               As
               for
               that
               Principle
               Mr
               W.
               asserted
               concerning
               just
               Subjection
               ,
               because
               he
               left
               it
               ,
               lest
               he
               should
               reduce
               things
               to
               an
               uncertainty
               ,
               I
               shall
               say
               nothing
               .
            
             
               Mr.
               Hayles
               .
               My
               Lord
               and
               Gentlemen
               ,
               First
               ,
               It
               is
               agreed
               to
               by
               them
               ,
               that
               the
               power
               of
               the
               choice
               of
               my
               Lord
               Mayor
               is
               not
               meerly
               by
               Charter
               ,
               but
               by
               Prescription
               too
               ;
               That
               the
               Charter
               is
               a
               Confirmation
               ,
               and
               not
               the
               Original
               :
               For
               we
               do
               say
               ,
               that
               there
               was
               the
               same
               Office
               of
               Mayor
               many
               Years
               before
               K.
               Iohn
               :
               So
               that
               your
               Officers
               of
               the
               City
               have
               been
               time
               out
               of
               mind
               ,
               and
               not
               barely
               by
               the
               Charter
               .
               And
               if
               it
               were
               not
               so
               ,
               that
               would
               overthrow
               all
               your
               Courts
               and
               Franchises
               .
            
             
               Secondly
               ,
               This
               is
               agreed
               to
               on
               both
               sides
               ,
               that
               without
               all
               question
               the
               Common
               Council
               shall
               have
               a
               Vote
               in
               Election
               of
               the
               Mayor
               ;
               in
               this
               we
               agree
               :
               But
               the
               Dispute
               is
               ,
               whether
               or
               no
               the
               Livery
               and
               Assistants
               of
               the
               Companies
               shall
               come
               in
               with
               their
               Voice
               ,
               or
               whether
               there
               shall
               be
               a
               new
               device
               ,
               that
               the
               Citizens
               shall
               meet
               and
               chuse
               12
               Men
               of
               each
               Ward
               ,
               as
               they
               do
               in
               the
               choice
               of
               the
               Common
               Council
               ;
               and
               so
               they
               shall
               elect
               the
               Mayor
               .
            
             
               Thirdly
               ,
               We
               agree
               in
               this
               ,
               that
               is
               ,
               that
               the
               way
               of
               Election
               hath
               been
               by
               the
               Mayor
               ,
               Aldermen
               ,
               Common
               Council
               ,
               and
               Livery
               Men
               ,
               and
               hath
               been
               used
               for
               about
               180
               years
               .
               And
               they
               affirm
               that
               this
               was
               grounded
               upon
               an
               Act
               of
               Common
               Councel
               .
            
             
               These
               three
               things
               are
               agreed
               unto
               on
               both
               sides
               .
            
             
             
               But
               now
               the
               great
               heat
               is
               against
               the
               Livery
               Men
               ;
               and
               the
               Reasons
               they
               give
               against
               them
               are
               these
               Three
               :
            
             
               First
               ,
               They
               argue
               from
               point
               of
               Inconveniency
               .
               That
               is
               ,
               because
               the
               Mayor
               and
               Aldermen
               do
               not
               chuse
               the
               Masters
               and
               Wardens
               of
               the
               Companies
               ,
               therefore
               they
               should
               not
               chuse
               the
               Mayor
               ,
               and
               Officers
               of
               the
               City
               .
            
             
               The
               Second
               Reason
               they
               give
               ,
               is
               in
               point
               of
               right
               .
               I
               shall
               say
               no
               more
               of
               that
               than
               what
               hath
               been
               said
               already
               :
               You
               have
               had
               a
               choice
               of
               Mayor
               and
               Sheriffs
               ,
               for
               near
               200
               years
               ,
               by
               the
               Aldermen
               ,
               Common
               Council
               ,
               and
               Livery
               ,
               to
               argue
               Election
               out
               of
               convenience
               ,
               that
               you
               have
               been
               under
               200
               years
               .
               To
               alter
               it
               upon
               M.
               
               Prise's
               Opinion
               ,
               I
               think
               you
               will
               not
               ,
               you
               having
               found
               it
               every
               way
               so
               convenient
               and
               profitable
               to
               you
               .
            
             
               But
               if
               so
               be
               there
               be
               any
               inconveniency
               in
               this
               ,
               a
               popular
               choice
               will
               be
               very
               much
               more
               inconvenient
               .
               I
               pray
               consider
               but
               this
               one
               thing
               :
               If
               so
               be
               the
               People
               should
               come
               hereafter
               ,
               and
               dispute
               the
               validity
               of
               this
               choice
               you
               plead
               for
               ,
               and
               say
               ,
               What
               do
               you
               tell
               us
               of
               Representatives
               !
               We
               will
               all
               choose
               our selves
               ;
               What
               imaginary
               grounds
               can
               there
               be
               to
               say
               ,
               These
               fears
               are
               but
               imaginary
               ?
               How
               will
               it
               be
               ,
               when
               it
               will
               come
               to
               be
               thus
               ?
               They
               will
               say
               ,
               We
               will
               go
               and
               chuse
               a
               Mayor
               our selves
               ;
               there
               is
               nothing
               of
               Right
               in
               this
               ,
               but
               meerly
               Imaginations
               :
               if
               you
               allow
               of
               10
               ,
               or
               12
               ,
               they
               may
               say
               ,
               why
               not
               50
               ,
               or
               100
               ,
               or
               200
               ?
               But
               for
               point
               of
               Right
               you
               have
               heard
               what
               hath
               been
               said
               of
               these
               3
               Heads
               .
            
             
               But
               ,
               saith
               M.
               Wildman
               ,
               the
               foundation
               of
               all
               power
               is
               in
               the
               People
               first
               :
               If
               that
               shall
               be
               a
               ground
               to
               let
               in
               all
               the
               generality
               of
               Citizens
               into
               an
               actual
               choice
               of
               Officers
               ,
               will
               there
               not
               be
               the
               same
               reason
               for
               Apprentices
               ,
               and
               Foreigners
               ,
               to
               plead
               for
               Votes
               in
               your
               Election
               ?
               A
               Foreigner
               is
               under
               the
               power
               of
               the
               Mayor
               ,
               and
               Apprentices
               live
               under
               the
               command
               of
               the
               Mayor
               .
            
             
               The
               next
               Reason
               is
               ,
               they
               would
               endeavour
               to
               prove
               that
               this
               course
               of
               Election
               they
               plead
               for
               ,
               was
               heretofore
               usual
               .
               I
               shall
               say
               but
               two
               words
               to
               that
               .
            
             
               First
               ,
               They
               insist
               upon
               the
               Charter
               ,
               and
               that
               of
               King
               Iohn
               :
               the
               words
               are
               ,
               
                 They
                 shall
                 Elect
                 a
                 Mayor
              
               .
            
             
               And
               they
               produce
               some
               Presidents
               of
               31
               Edw.
               1.
               and
               1
               Edw.
               2.
               
            
             
               I
               shall
               repeat
               one
               word
               or
               two
               of
               that
               my
               Brother
               Maynard
               omitted
               .
            
             
               First
               ,
               You
               will
               remember
               we
               proved
               a
               constant
               usage
               of
               near
               200
               Years
               in
               this
               way
               of
               Election
               ;
               and
               their
               pretence
               is
               but
               for
               a
               few
               certain
               Years
               ,
               that
               the
               choice
               was
               in
               that
               way
               which
               they
               desired
               .
            
             
               A
               second
               thing
               shews
               their
               pittiful
               mistake
               .
               The
               Common
               Council
               are
               agreed
               to
               have
               a
               choice
               :
               why
               if
               they
               examine
               it
               ,
               they
               will
               find
               the
               Common
               Council
               are
               men
               chosen
               by
               the
               Ward
               .
               They
               do
               find
               here
               and
               there
               mention
               made
               ,
               that
               the
               Mayor
               was
               chosen
               by
               the
               Aldermen
               ,
               and
               about
               6
               ,
               8
               ,
               or
               12
               men
               summoned
               .
               And
               here
               they
               think
               ,
               that
               they
               must
               needs
               be
               Representatives
               chosen
               by
               the
               Ward
               ;
               whenas
               in
               truth
               ,
               these
               might
               very
               well
               be
               the
               Common
               Council
               of
               the
               Ward
               .
            
             
               I
               think
               there
               is
               nothing
               left
               for
               me
               to
               say
               to
               that
               .
               What
               I
               shall
               offer
               ,
               shall
               be
               out
               of
               Record
               ,
               and
               never
               mention
               the
               conveniences
               nor
               inconveniences
               .
               I
               shall
               read
               the
               Records
               unto
               you
               ,
               that
               they
               produce
               ,
               and
               I
               will
               take
               hold
               of
               some
               words
               of
               them
               .
               The
               words
               are
               these
               :
               
                 There
                 shall
                 come
                 out
                 of
                 every
                 Ward
                 Twelve
                 ,
                 Eight
                 ,
                 or
                 Six
                 men
                 ,
                 according
                 to
                 the
                 greatness
                 of
                 the
                 Ward
                 .
              
               And
               according
               to
               the
               Wards
               of
               London
               ,
               the
               Common
               Council
               Men
               were
               sent
               ,
               some
               more
               ,
               and
               some
               less
               .
               And
               this
               is
               very
               obvious
               ,
               that
               where
               there
               is
               such
               a
               description
               of
               the
               number
               for
               each
               Ward
               ,
               there
               must
               needs
               be
               meant
               the
               Common
               Councils
               .
               So
               that
               of
               necessity
               these
               words
               extend
               to
               the
               Common
               Council
               Men
               ,
               or
               else
               the
               Common
               Council
               must
               be
               excluded
               .
            
             
               And
               again
               ,
               from
               a
               Record
               Edw.
               3.
               they
               argue
               the
               Commonalty
               to
               be
               the
               12
               Men
               ,
               when
               they
               are
               the
               Liveries
               .
               So
               they
               mistake
               in
               their
               Application
               .
            
             
               We
               are
               not
               to
               dispute
               who
               may
               alter
               the
               custom
               ;
               but
               they
               say
               ,
               this
               is
               your
               custom
               ,
               and
               they
               say
               ,
               that
               is
               .
            
             
             
               We
               will
               admit
               ,
               that
               that
               which
               is
               by
               a
               fundamental
               Law
               or
               Charter
               ,
               cannot
               be
               altered
               by
               an
               Act
               of
               Common
               Council
               .
               But
               if
               your
               present
               choice
               be
               not
               lawful
               ,
               then
               all
               Bargains
               made
               since
               Edw.
               1.
               by
               your
               Officers
               are
               void
               ,
               and
               you
               have
               no
               power
               to
               judge
               ;
               for
               you
               are
               no
               Common
               Council
               .
            
             
               (
               M.
               Wild
               spoke
               last
               for
               the
               City
               Liveries
               to
               the
               same
               purpose
               as
               the
               other
               :
               He
               had
               no
               new
               Argument
               ,
               only
               an
               observation
               from
               28
               Edw.
               1.
               )
            
             
               M.
               Prise
               :
               I
               humbly
               conceive
               I
               may
               answer
               him
               to
               what
               hath
               been
               objected
               against
               what
               I
               delivered
               according
               to
               Reason
               .
               You
               say
               that
               I
               did
               declare
               ,
               that
               just
               Subjection
               cannot
               be
               but
               by
               assent
               .
               Under
               favour
               ,
               that
               was
               not
               offered
               by
               me
               :
               But
               I
               affirm
               that
               just
               Subjection
               cannot
               be
               but
               by
               right
               of
               assent
               .
            
             
               Secondly
               ,
               They
               urge
               that
               we
               differ
               upon
               our
               grounds
               .
               The
               one
               saith
               that
               it
               is
               lawful
               ,
               the
               other
               saith
               not
               .
               And
               the
               Reason
               is
               ,
               because
               they
               that
               grant
               it
               have
               no
               power
               to
               grant
               it
               :
               But
               for
               my
               part
               I
               did
               not
               assert
               any
               such
               thing
               .
            
             
               As
               concerning
               the
               Resolution
               of
               the
               Judges
               that
               you
               so
               much
               speak
               of
               ,
               in
               some
               cases
               it
               is
               considerable
               ,
               and
               in
               some
               cases
               little
               weight
               is
               to
               be
               given
               to
               the●r
               Resolutions
               .
               For
               we
               all
               know
               ,
               in
               the
               case
               of
               Ship-Mony
               ,
               they
               gave
               in
               their
               Resolutions
               ,
               that
               it
               was
               according
               to
               Law.
               And
               we
               also
               know
               ,
               that
               this
               was
               afterwards
               condemned
               by
               the
               Parliament
               ,
               to
               be
               contrary
               to
               Law
               and
               Illegal
               .
            
             
               Secondly
               ,
               The
               Resolutions
               of
               those
               very
               Judges
               you
               so
               much
               extol
               ,
               do
               no
               way
               refer
               to
               the
               business
               .
            
             
               We
               offer
               to
               grant
               a
               select
               number
               may
               lawfully
               choose
               ;
               but
               the
               Liveries
               are
               not
               so
               .
               And
               the
               Opinion
               of
               the
               Judges
               only
               say
               ,
               that
               a
               select
               number
               may
               choose
               .
            
             
               Thirdly
               ,
               Whereas
               it
               is
               said
               the
               Charter
               is
               declarative
               ;
               to
               that
               I
               answer
               .
               The
               Practice
               succeeding
               doth
               declare
               what
               the
               custom
               then
               was
               ;
               and
               we
               have
               no
               mention
               of
               any
               Masters
               ,
               or
               Livery-Men
               of
               Companies
               in
               Election
               .
               And
               for
               Exposition
               of
               the
               Charter
               ,
               if
               that
               we
               tie
               you
               to
               the
               Letter
               of
               it
               ,
               you
               say
               we
               tie
               you
               to
               an
               impossibility
               :
               But
               we
               only
               plead
               for
               the
               Representatives
               of
               Wards
               ,
               to
               chuse
               ,
               not
               all
               personally
               :
               and
               therein
               is
               no
               impossibility
               .
            
             
               And
               besides
               ,
               in
               21
               Ed.
               1.
               it
               is
               expounded
               what
               was
               meant
               by
               those
               words
               .
            
             
               We
               proved
               the
               Charter
               gave
               it
               the
               City
               ,
               and
               the
               City
               gave
               it
               the
               Common
               Council
               ,
               and
               the
               Common
               Council
               gave
               it
               to
               the
               Livery
               ;
               and
               if
               they
               gave
               it
               for
               good
               ,
               if
               they
               find
               it
               prejudicial
               ,
               ye
               may
               take
               it
               away
               again
               .
            
             
               Whereas
               they
               say
               that
               by
               the
               number
               of
               6
               ,
               8
               ,
               or
               10
               ,
               is
               doubtless
               meant
               the
               Common
               Council
               ;
               How
               do
               you
               know
               the
               Common
               Council-Men
               did
               consist
               of
               so
               many
               in
               every
               Ward
               ?
            
             
               And
               then
               for
               the
               Exposition
               of
               the
               Ward
               Moat
               :
               Whereas
               they
               say
               some
               Foreigners
               may
               chuse
               ,
               yea
               ,
               they
               may
               infer
               as
               well
               ,
               Foreigners
               may
               be
               chosen
               .
            
             
               To
               that
               I
               answer
               ,
               many
               men
               may
               be
               summoned
               together
               about
               business
               ,
               &
               some
               of
               them
               may
               have
               a
               right
               to
               some
               things
               there
               in
               hand
               ,
               &
               some
               may
               not
               .
            
             
               We
               have
               a
               President
               :
               Once
               one
               that
               was
               no
               Freeman
               was
               chosen
               to
               be
               a
               Sheriff
               of
               London
               ,
               and
               because
               he
               was
               no
               Freeman
               ,
               therefore
               the
               Election
               was
               null
               .
               So
               though
               it
               be
               granted
               ,
               that
               every
               particular
               man
               of
               every
               Ward
               ,
               be
               summoned
               to
               come
               to
               the
               Ward-Moat
               ,
               yet
               it
               doth
               not
               follow
               that
               he
               hath
               a
               right
               to
               all
               the
               work
               to
               be
               done
               in
               that
               Court.
               Again
               for
               the
               Popularity
               and
               consequences
               which
               they
               so
               much
               plead
               ,
               that
               will
               every
               whit
               reflect
               upon
               this
               Honourable
               Court
               ;
               for
               every
               Member
               of
               this
               Honourable
               Court
               is
               chosen
               by
               that
               Party
               which
               they
               call
               Popular
               :
               therefore
               let
               them
               speak
               of
               that
               till
               to
               morrow
               morning
               all
               will
               reflect
               upon
               you
               .
               That
               which
               is
               now
               pleaded
               for
               is
               custom
               .
            
             
               Thirdly
               ,
               That
               this
               hath
               been
               the
               practice
               for
               180
               Years
               ,
               I
               do
               not
               deny
               ;
               but
               I
               do
               not
               grant
               it
               .
               Suppose
               we
               do
               grant
               it
               ,
               and
               yet
               we
               bring
               a
               Practice
               for
               within
               12
               Years
               ,
               that
               was
               another
               Practice
               ;
               whether
               an
               intermission
               of
               Practices
               
               do
               not
               rend
               that
               which
               is
               called
               custom
               ,
               I
               humbly
               offer
               .
               For
               my
               part
               I
               did
               not
               offer
               the
               Argument
               of
               conveniency
               in
               relation
               to
               the
               present
               Practice
               ▪
               but
               according
               to
               this
               Principle
               I
               argue
               against
               the
               unreasonableness
               of
               this
               Priviledge
               ,
               that
               these
               Gentlemen
               would
               have
               to
               this
               Right
               ,
               and
               not
               by
               Authority
               of
               this
               Court.
               Again
               they
               say
               ,
               that
               if
               Election
               be
               by
               the
               Ward
               ,
               men
               will
               plead
               thus
               :
               Why
               not
               50
               ,
               or
               100
               ,
               as
               well
               as
               6
               ,
               8
               ,
               or
               12
               ?
            
             
               Again
               they
               urge
               ,
               that
               Livery-Men
               were
               called
               the
               Commonalty
               ;
               but
               how
               aptly
               ,
               and
               how
               fitly
               ,
               we
               offer
               unto
               you
               to
               determine
               .
            
          
           
             
               Major
               Wildman's
               Reply
               .
            
             
               MAy
               it
               please
               your
               Lordship
               ,
               and
               this
               Honourable
               Court
               ,
               to
               give
               me
               leave
               to
               make
               some
               Answers
               to
               what
               the
               learned
               Gentlemen
               on
               the
               other
               side
               have
               pleased
               to
               object
               and
               take
               exceptions
               at
               what
               was
               affirmed
               .
               I
               shall
               not
               (
               my
               Lord
               )
               endeavour
               (
               as
               that
               Gentleman
               did
               )
               
                 captare
                 benevolentiam
              
               ,
               to
               take
               the
               Affections
               of
               the
               People
               ,
               before
               I
               begin
               to
               debate
               the
               matter
               in
               question
               .
               I
               shall
               not
               tell
               them
               that
               I
               will
               not
               insinuate
               into
               their
               minds
               any
               thing
               but
               what
               will
               stand
               upon
               the
               foundation
               of
               Truth
               ;
               but
               offer
               my
               thoughts
               ,
               and
               freely
               submit
               to
               your
               Judgment
               :
               Yet
               I
               hope
               to
               answer
               particularly
               M.
               
               Maynard's
               Exceptions
               .
            
             
               He
               was
               pleased
               ,
               first
               ,
               to
               take
               exception
               at
               that
               general
               Principle
               that
               I
               averred
               ,
               from
               whence
               I
               said
               might
               be
               deduced
               the
               Right
               of
               all
               the
               Wards
               to
               chuse
               the
               Lord
               Mayor
               and
               Sheriffs
               by
               their
               Representatives
               :
               Though
               the
               Gentleman
               might
               have
               pleased
               to
               remember
               ,
               I
               did
               say
               I
               would
               wave
               th●se
               Principles
               of
               common
               Right
               ,
               lest
               he
               should
               say
               we
               intended
               to
               bring
               all
               things
               to
               an
               uncertainty
               ,
               by
               unravelling
               the
               bottom
               of
               Government
               to
               its
               first
               Principle
               ;
               and
               therefore
               I
               insisted
               upon
               nothing
               but
               what
               we
               claim
               as
               our
               written
               Right
               .
            
             
               The
               second
               thing
               the
               Gentleman
               was
               pleased
               to
               except
               against
               ,
               was
               that
               which
               he
               only
               imagined
               in
               his
               own
               Brain
               ,
               misreciting
               my
               words
               ,
               like
               a
               man
               created
               by
               his
               fancy
               to
               ●ry
               his
               skill
               upon
               :
               for
               he
               supposed
               I
               did
               say
               ,
               
                 That
                 if
                 we
                 had
                 the
                 Records
                 that
                 are
                 now
                 lost
                 ,
                 we
                 doubted
                 not
                 but
                 that
                 they
                 would
                 prove
                 the
                 assertion
                 we
                 maintain
                 :
              
               whereas
               I
               said
               ,
               
                 If
                 we
                 had
                 the
                 Records
                 of
                 those
                 times
                 ,
                 that
                 are
                 lest
                 ,
                 they
                 would
                 shew
                 us
                 what
                 the
                 Rights
                 of
                 People
                 then
                 were
                 .
              
               And
               that
               I
               conceive
               to
               be
               without
               Execption
               .
            
             
               The
               next
               thing
               he
               takes
               exception
               against
               ,
               is
               ,
               what
               I
               said
               concerning
               
                 Magna
                 Charta
              
               ;
               and
               would
               make
               this
               Court
               believe
               that
               I
               had
               thought
               all
               that
               great
               Charter
               was
               unalterable
               :
               But
               the
               truth
               is
               ,
               I
               did
               only
               say
               ,
               That
               
                 Magna
                 Charta
              
               ,
               the
               great
               Charter
               of
               England
               ,
               was
               unalterable
               ,
               according
               to
               the
               Principles
               of
               the
               Gentlemen
               of
               the
               long
               Robe
               :
               I
               only
               spoke
               it
               upon
               their
               bottom
               .
               I
               said
               ,
               If
               I
               should
               believe
               Sir
               
                 Edw.
                 Cook
              
               in
               what
               he
               said
               upon
               the
               Statute
               of
               42
               Edw.
               3.
               
               I
               must
               then
               say
               ,
               that
               an
               Act
               of
               Parliament
               made
               contrary
               to
               that
               part
               of
               the
               great
               Charter
               that
               was
               declarative
               of
               the
               Common
               Law
               ,
               was
               null
               of
               it self
               ;
               for
               he
               said
               that
               part
               of
               it
               was
               unalterable
               .
               Thus
               I
               gave
               them
               only
               their
               own
               Authority
               ,
               and
               made
               it
               no
               assertion
               of
               mine
               absolutely
               :
               Tho
               ,
               under
               his
               favour
               ,
               I
               think
               a
               man
               may
               assert
               ,
               that
               what
               is
               founded
               upon
               the
               true
               Common
               Law
               of
               England
               ,
               as
               Sir
               
                 Ed.
                 Cook
              
               saith
               ,
               which
               is
               
                 Right
                 Reason
              
               ,
               no
               Authority
               whatsoever
               ought
               to
               alter
               :
               (
               I
               speak
               not
               of
               circumstances
               )
               for
               if
               we
               should
               aver
               that
               ,
               we
               should
               aver
               contradictions
               in
               the
               very
               terms
               ,
               and
               say
               ,
               that
               
                 Right
                 Reason
              
               of
               right
               may
               be
               altered
               from
               
                 Right
                 Reason
              
               ,
               I
               shall
               let
               pass
               what
               the
               Gentleman
               was
               pleased
               to
               say
               of
               the
               Laws
               being
               edge-tools
               ,
               and
               of
               men
               cutting
               themselves
               with
               them
               .
               I
               believe
               he
               met
               with
               an
               Argument
               for
               the
               Peoples
               Right
               that
               was
               an
               edge
               tool
               in
               his
               way
               ,
               and
               he
               was
               loth
               to
               break
               his
               shins
               over
               it
               ,
               and
               therefore
               he
               past
               over
               the
               Argument
               with
               a
               grave
               caution
               of
               the
               sharpness
               of
               the
               Law
               ,
               that
               he
               might
               divert
               your
               thoughts
               from
               it
               :
               But
               the
               Gentleman
               coming
               a
               little
               nearer
               to
               the
               matter
               ,
               lays
               down
               his
               Maxim
               ,
               
               wh●ch
               is
               this
               ,
               That
               ever
               since
               the
               15
               Ed.
               4.
               these
               Liveries
               have
               had
               the
               choice
               .
               And
               then
               he
               argues
               thus
               :
               Saith
               he
               ,
               
                 The
                 case
                 would
                 be
                 very
                 hard
                 to
                 have
                 your
                 titles
                 of
                 Land
                 ,
                 after
                 190
                 years
                 possession
                 ,
                 to
                 be
                 questioned
                 :
                 And
                 is
                 it
                 not
                 as
                 hard
                 ,
                 that
                 the
                 right
                 of
                 the
                 Liveries
                 to
                 Elections
                 should
                 now
                 be
                 questioned
                 ?
              
               Under
               the
               Gentleman's
               favour
               ,
               the
               case
               is
               very
               different
               .
               I
               suppose
               no
               man
               pleads
               for
               the
               like
               title
               to
               a
               Power
               or
               Authority
               over
               the
               People
               ,
               that
               men
               have
               to
               their
               Lands
               ,
               nor
               upon
               the
               same
               grounds
               .
               If
               the
               Titles
               were
               alike
               ,
               it
               were
               just
               to
               buy
               and
               sell
               Authority
               ,
               or
               places
               of
               Trust
               and
               Government
               ,
               as
               we
               buy
               and
               sell
               Lands
               or
               ●orses
               in
               Smithfield
               ;
               and
               this
               our
               Common
               Law
               abhors
               .
               If
               we
               speak
               of
               People
               that
               are
               arrant
               meer
               Vassals
               ,
               like
               the
               Slaves
               in
               Argier
               ,
               Authority
               over
               them
               is
               indeed
               bought
               and
               sold
               ;
               but
               I
               hope
               we
               are
               not
               to
               be
               so
               esteemed
               ,
               and
               yet
               the
               Ju●●ice
               of
               those
               bargains
               is
               not
               clear
               .
               But
               certainly
               mens
               titles
               to
               Land
               ;
               and
               to
               a
               power
               of
               Government
               ,
               are
               ,
               or
               ought
               to
               be
               of
               a
               different
               nature
               :
               And
               I
               shall
               make
               bold
               to
               assert
               ,
               That
               't
               is
               no
               hard
               case
               ,
               that
               the
               Right
               of
               any
               number
               of
               men
               claiming
               a
               power
               in
               or
               about
               Government
               by
               Succession
               only
               ,
               should
               after
               190
               Years
               possession
               be
               questioned
               .
               Suppose
               M.
               Maynard
               could
               have
               made
               good
               the
               Livery
               Mens
               claims
               to
               the
               Election
               of
               the
               chief
               Officers
               of
               the
               City
               by
               custom
               ,
               (
               but
               then
               he
               must
               have
               more
               than
               doubled
               the
               time
               of
               the
               usage
               he
               spake
               of
               ,
               )
               yet
               I
               humbly
               conceive
               that
               the
               Exercise
               of
               any
               power
               about
               Government
               is
               not
               made
               just
               by
               continuance
               of
               time
               ,
               unless
               it
               were
               just
               in
               the
               Original
               .
               If
               long
               usurpation
               of
               a
               Power
               ,
               in
               or
               about
               Government
               ,
               could
               give
               a
               right
               to
               that
               Power
               ,
               all
               the
               foundations
               of
               just
               Government
               were
               overturned
               ,
               and
               by
               consequence
               it
               were
               not
               right
               or
               just
               to
               take
               away
               an
               usurped
               Power
               if
               the
               Usurpers
               be
               grown
               old
               .
            
             
               Next
               the
               Gentleman
               is
               pleased
               before
               he
               comes
               to
               his
               material
               Arguments
               ,
               to
               insinuate
               strange
               ,
               huge
               ,
               dreadful
               ,
               monstruous
               Consequences
               that
               would
               ensue
               in
               case
               any
               man
               shall
               deny
               his
               Assertions
               ,
               he
               is
               pleaded
               to
               say
               ,
               
                 What
                 strange
                 consequences
                 would
                 ensue
                 ,
                 if
                 we
                 should
                 say
                 ,
                 for
                 190
                 years
                 all
                 the
                 Lord
                 Mayors
                 or
                 Sheriffs
                 of
                 the
                 City
                 of
              
               London
               
                 have
                 been
                 unlawfully
                 chosen
              
               ?
               but
               suppose
               that
               which
               he
               suggests
               ,
               that
               the
               Mayors
               have
               been
               chosen
               unlawfully
               so
               long
               ,
               't
               is
               time
               then
               to
               provide
               for
               a
               lawful
               choice
               ,
               and
               the
               continuance
               of
               the
               un●awful
               will
               breed
               more
               of
               M.
               
               Maynard's
               monstruous
               consequences
               ;
               and
               if
               it
               be
               unlawful
               ,
               't
               is
               not
               forbearing
               to
               say
               so
               that
               will
               amend
               the
               Consequences
               .
            
             
               But
               now
               the
               Gentleman
               comes
               to
               his
               Position
               ,
               and
               saith
               ,
               
                 That
                 this
                 Government
                 that
                 is
                 now
                 is
                 lawful
                 .
              
               The
               Gentleman
               might
               have
               pleased
               to
               have
               spared
               that
               ;
               I
               did
               not
               yet
               assert
               that
               the
               Government
               that
               is
               now
               is
               unlawful
               ,
               yet
               he
               may
               take
               some
               answers
               to
               his
               Arguments
               ,
               or
               rather
               Authorities
               for
               the
               legality
               of
               it
               .
            
             
               The
               1st
               .
               Ground
               he
               builds
               upon
               for
               the
               lawfulness
               of
               this
               Government
               is
               the
               Opinion
               of
               the
               Judges
               ,
               which
               makes
               a
               huge
               Cry.
               But
               by
               the
               way
               ,
               the
               question
               is
               not
               now
               concerning
               the
               Government
               ,
               but
               only
               concerning
               the
               choosers
               or
               electers
               of
               the
               Governours
               ;
               the
               Government
               may
               be
               the
               same
               still
               ,
               though
               the
               manner
               and
               way
               of
               electing
               these
               Governours
               may
               be
               altered
               from
               what
               it
               is
               at
               present
               .
               Yet
               to
               that
               Opinion
               of
               the
               Judges
               ,
               which
               makes
               the
               great
               noise
               in
               the
               Court
               ;
               Oh
               (
               saith
               he
               )
               
                 't
                 is
                 the
                 Opinion
                 of
                 all
                 the
                 learn'd
                 Iudges
                 ,
              
               and
               then
               he
               paraphrases
               upon
               the
               goodness
               ,
               honesty
               ,
               learning
               ,
               and
               fame
               of
               the
               Judges
               that
               were
               named
               in
               the
               Book
               produced
               .
               It
               may
               be
               those
               Gentlemen
               of
               the
               Long
               Robe
               were
               Black-Swans
               ;
               yet
               the
               Argument
               from
               Authority
               is
               none
               of
               the
               strongest
               ,
               'T
               is
               not
               a
               very
               good
               consequence
               ,
               that
               the
               thing
               is
               just
               because
               good
               men
               thought
               so
               .
            
             
               Yet
               under
               favour
               the
               Opinion
               of
               the
               Judges
               I
               take
               to
               be
               not
               the
               most
               certain
               or
               unalterable
               amongst
               men
               ,
               nor
               the
               most
               unbyassed
               by
               their
               own
               Interest
               ,
               I
               believe
               if
               a
               man
               should
               go
               to
               the
               12
               Judges
               ,
               he
               shall
               scarce
               find
               4
               or
               3
               of
               the
               12
               of
               the
               same
               opinion
               in
               a
               dubious
               case
               ;
               yet
               if
               there
               were
               more
               that
               agreed
               ,
               the
               late
               opinion
               of
               the
               Judges
               in
               the
               case
               of
               Ship-Mony
               may
               inform
               us
               how
               free
               the
               Judges
               opinions
               are
               from
               the
               Byass
               of
               private
               Interest
               in
               such
               
               〈…〉
               how
               fit
               't
               is
               for
               us
               to
               depend
               upon
               them
               ;
               but
               however
               the
               opinion
               of
               the
               ●●ges
               produced
               by
               Mr.
               Maynard
               ,
               I
               crave
               leave
               to
               affirm
               to
               be
               against
               him
               in
               this
               Case
               ,
               at
               least
               not
               for
               him
               .
               I
               desire
               it
               may
               be
               read
               .
            
          
           
             
               
                 
                   
                     The
                     Case
                     of
                     Corporations
                     ,
                     touching
                     the
                     Election
                     of
                     Governours
                     in
                     the
                     fourth
                     of
                     the
                     Lord
                     Cooks
                     Reports
                     ,
                     fol.
                     77
                     ,
                     78.
                     
                  
                   
                     In
                     the
                     same
                     Term
                     at
                     Serjeants-Inn
                     in
                     
                       Fleet
                       street
                    
                     ,
                     it
                     was
                     demanded
                     of
                     the
                     chief
                     Justices
                     ,
                     Popham
                     ,
                     and
                     Anderson
                     ,
                     and
                     Periam
                     ,
                     chief
                     Baron
                     ,
                     &
                     of
                     the
                     other
                     Justices
                     ,
                     That
                     where
                     divers
                     Cities
                     ,
                     Burroughs
                     ,
                     &
                     Towns
                     are
                     incorporate
                     by
                     Charters
                     ,
                     whether
                     by
                     the
                     name
                     of
                     the
                     Mayor
                     &
                     Commonalty
                     ,
                     or
                     the
                     Mayor
                     &
                     Burgesses
                     ,
                     &
                     of
                     the
                     Bailiffs
                     &
                     Burgesses
                     ,
                     &c.
                     or
                     the
                     Aldermen
                     &
                     Burgesses
                     ,
                     or
                     the
                     Provost
                     &
                     Sheriffs
                     ,
                     or
                     Burgesses
                     ,
                     or
                     the
                     like
                     ;
                     &
                     in
                     the
                     said
                     Charters
                     it
                     be
                     prescribed
                     that
                     the
                     Mayor
                     ,
                     Bailiffs
                     ,
                     Aldermen
                     ,
                     Provosts
                     shall
                     be
                     chosen
                     by
                     the
                     Commonalty
                     or
                     Burgesses
                     ▪
                     &
                     of
                     the
                     ancient
                     &
                     usual
                     Elections
                     of
                     Mayor
                     ,
                     Baiiffs
                     ,
                     Provosts
                     ,
                     &
                     
                       by
                       a
                       certain
                       chosen
                       number
                       of
                       the
                       chief
                       of
                       the
                       Commonalty
                       ,
                    
                     or
                     of
                     the
                     Burgesses
                     ,
                     commonly
                     called
                     the
                     Common
                     Council
                     ,
                     or
                     by
                     other
                     name
                     ,
                     &
                     not
                     in
                     general
                     by
                     all
                     the
                     Commonalty
                     or
                     Burgesses
                     ,
                     or
                     not
                     by
                     so
                     many
                     of
                     them
                     as
                     will
                     come
                     to
                     the
                     Election
                     ,
                     shall
                     be
                     good
                     in
                     Law
                     ,
                     forasmuch
                     as
                     by
                     these
                     words
                     of
                     the
                     Charters
                     the
                     Election
                     shall
                     be
                     indefinitely
                     by
                     the
                     Commonalty
                     ,
                     or
                     all
                     the
                     Burgesses
                     .
                     And
                     which
                     Question
                     being
                     of
                     great
                     importance
                     and
                     consequence
                     ,
                     was
                     r●ferred
                     by
                     the
                     Lords
                     of
                     the
                     Council
                     to
                     the
                     Justices
                     ,
                     to
                     know
                     the
                     Law
                     in
                     that
                     case
                     ;
                     for
                     that
                     divers
                     attempts
                     were
                     now
                     of
                     late
                     in
                     divers
                     Corporations
                     ,
                     contrary
                     to
                     the
                     ancient
                     usage
                     ,
                     to
                     make
                     popular
                     Elections
                     ;
                     &
                     it
                     was
                     resolv'd
                     by
                     the
                     Justices
                     upon
                     great
                     deliberation
                     ,
                     and
                     upon
                     conference
                     had
                     amongst
                     themselves
                     ,
                     
                       that
                       such
                       ancient
                       usual
                       Elections
                    
                     were
                     good
                     ,
                     and
                     well
                     warranted
                     by
                     their
                     Charter
                     ,
                     and
                     by
                     the
                     Law
                     also
                     ;
                     for
                     in
                     every
                     of
                     their
                     Charters
                     they
                     have
                     power
                     given
                     them
                     to
                     make
                     Laws
                     ,
                     Ordinances
                     &
                     Constitutions
                     ,
                     for
                     the
                     better
                     Government
                     &
                     Order
                     of
                     their
                     Cities
                     or
                     Burroughs
                     ,
                     &
                     by
                     force
                     of
                     which
                     ,
                     &
                     for
                     avoiding
                     popular
                     confusion
                     ,
                     
                       they
                       by
                       their
                       common
                       assent
                       constitute
                       or
                       ordain
                       ,
                    
                     That
                     the
                     Mayor
                     ,
                     Bailisfs
                     ,
                     or
                     other
                     principal
                     Officers
                     ,
                     shall
                     be
                     chosen
                     by
                     
                       one
                       certain
                       select
                       number
                    
                     of
                     the
                     principal
                     of
                     the
                     Commonalty
                     ,
                     or
                     of
                     the
                     Burgesses
                     ,
                     as
                     is
                     aforesaid
                     ,
                     &
                     prescribe
                     also
                     how
                     
                       such
                       selected
                       numbers
                    
                     shall
                     chuse
                     ;
                     &
                     such
                     Ordinances
                     &
                     Constitutions
                     was
                     resolved
                     to
                     be
                     good
                     ,
                     &
                     allowable
                     ,
                     &
                     agreeable
                     with
                     the
                     Law
                     ,
                     &
                     their
                     Charters
                     ,
                     for
                     avo●ding
                     of
                     popular
                     disorder
                     &
                     confusion
                     ;
                     &
                     although
                     that
                     no
                     such
                     Constitution
                     or
                     Ordinance
                     can
                     be
                     sh●wed
                     ,
                     yet
                     it
                     shall
                     be
                     presumed
                     &
                     intended
                     in
                     respect
                     of
                     such
                     special
                     manner
                     
                       of
                       ancient
                       &
                       continual
                       Election
                       ,
                       which
                       special
                       Election
                       is
                       not
                       begun
                       without
                       common
                       consent
                    
                     ;
                     that
                     at
                     the
                     first
                     la●e
                     Ordinance
                     or
                     Constitution
                     was
                     made
                     ,
                     such
                     reverend
                     respect
                     of
                     Law
                     doth
                     give
                     to
                     
                       ancient
                       &
                       continual
                    
                     allowance
                     &
                     usage
                     ,
                     as
                     it
                     had
                     been
                     within
                     time
                     of
                     Memory
                     .
                     And
                     the
                     custom
                     of
                     most
                     faithful
                     Antiquity
                     is
                     to
                     be
                     esteemed
                     ;
                     the
                     things
                     which
                     are
                     done
                     contrary
                     to
                     the
                     custom
                     &
                     usage
                     of
                     the
                     Ancients
                     either
                     please
                     ,
                     or
                     seem
                     right
                     ,
                     &
                     the
                     frequency
                     of
                     the
                     Act
                     premiseth
                     much
                     ,
                     and
                     according
                     to
                     that
                     Resolution
                     the
                     ancient
                     and
                     continual
                     Usages
                     have
                     been
                     in
                     the
                     Cities
                     of
                     London
                     &
                     Norwich
                     ,
                     and
                     other
                     ancient
                     Cities
                     &
                     Corporations
                     .
                     And
                     God
                     defend
                     that
                     they
                     shall
                     be
                     now
                     innovated
                     or
                     altered
                     ,
                     for
                     that
                     many
                     and
                     great
                     Inconveniences
                     will
                     arise
                     upon
                     the
                     same
                     ;
                     all
                     which
                     the
                     Law
                     hath
                     well
                     prevented
                     ,
                     as
                     appears
                     by
                     that
                     Resolution
                     .
                  
                
              
            
          
           
             
               First
               ,
               My
               Lord
               ,
               observe
               ,
               that
               the
               Question
               here
               resolved
               is
               not
               our
               Question
               ,
               the
               Question
               here
               resolved
               was
               this
               ,
               
                 Whether
                 an
                 Election
                 of
                 a
                 Mayor
                 ,
                 not
                 made
                 by
                 all
                 the
                 Commonalty
                 in
                 a
                 Corporation
                 ,
                 or
                 at
                 least
                 as
                 many
                 as
                 would
                 come
                 ,
                 was
                 good
                 in
                 Law
                 ?
              
               But
               our
               present
               question
               is
               only
               this
               ,
               
                 Whether
                 the
                 Commonalty
                 of
                 this
                 City
                 ought
                 not
                 to
                 have
                 their
                 Representers
                 to
                 chuse
                 the
                 Lord
                 Mayor
                 ?
              
               So
               that
               we
               do
               grant
               ,
               that
               an
               Election
               not
               made
               by
               all
               the
               Commonalty
               may
               be
               good
               .
            
             
               Now
               ,
               my
               Lord
               ,
               observe
               the
               Judges
               Resolution
               of
               the
               Question
               ;
               they
               resolve
               
               that
               an
               Election
               made
               by
               the
               Mayor
               and
               Aldermen
               ,
               and
               a
               certain
               chosen
               number
               of
               the
               choice
               of
               the
               Commonalty
               ,
               is
               good
               in
               Law.
               We
               concur
               with
               the
               Judges
               ,
               keeping
               close
               to
               their
               words
               ▪
               
                 A
                 certain
                 chosen
                 number
                 of
                 the
                 Commonalty
              
               ;
               &
               to
               those
               other
               words
               of
               theirs
               ,
               
                 viz.
                 Such
                 ancient
                 usual
                 Elections
              
               ;
               that
               is
               to
               say
               ,
               such
               ancient
               Elections
               by
               the
               chosen
               number
               of
               the
               Commonalty
               are
               good
               in
               Law.
               Now
               we
               deny
               that
               the
               present
               Election
               of
               the
               the
               Ld.
               Mayor
               by
               the
               Livery-Men
               is
               the
               most
               ancient
               usual
               way
               of
               Electing
               ,
               and
               that
               the
               Livery-Men
               are
               a
               chosen
               number
               of
               the
               Commonalty
               ,
               I
               mean
               ,
               chosen
               according
               to
               any
               right
               of
               choice
               ,
               that
               right
               being
               in
               the
               Commonalty
               .
            
             
               But
               ,
               my
               Lord
               ,
               't
               is
               very
               observable
               in
               this
               Opinion
               of
               the
               Judges
               ,
               upon
               what
               Ground
               they
               judged
               such
               Elections
               valid
               in
               Law
               ;
               the
               ground
               is
               this
               ,
               
                 For
                 't
                 is
                 to
                 be
                 imagined
                 or
                 supposed
                 ,
              
               say
               they
               ,
               
                 that
                 such
                 ancient
                 and
                 continued
                 Elections
                 did
                 not
                 begin
                 without
                 common
                 assent
                 .
              
               Hence
               't
               is
               evident
               ,
               that
               the
               Judges
               imagined
               that
               all
               the
               Citizens
               had
               the
               right
               of
               choice
               in
               them
               ,
               and
               that
               they
               had
               agreed
               that
               a
               chosen
               number
               of
               themselves
               should
               choose
               in
               their
               stead
               ;
               So
               that
               the
               Judges
               in
               their
               Opinion
               took
               the
               chosen
               number
               of
               the
               chief
               of
               the
               Commonalty
               ,
               that
               did
               elect
               the
               chief
               Officers
               to
               be
               the
               Represent●rs
               of
               the
               whole
               Commonalty
               .
            
             
               Now
               if
               your
               Lordship
               please
               to
               remember
               we
               produced
               an
               Act
               of
               the
               Common
               Hall
               of
               London
               ,
               made
               long
               before
               the
               Liveries
               made
               any
               claim
               to
               be
               the
               choosers
               ,
               and
               at
               an
               Assembly
               ,
               when
               the
               
                 Guild
                 Hall
              
               was
               filled
               with
               the
               Commonalty
               ,
               wherein
               they
               did
               assent
               ,
               that
               there
               should
               be
               a
               certain
               number
               of
               every
               Ward
               proportionably
               that
               should
               be
               the
               Electers
               of
               the
               Mayor
               and
               Sheriffs
               ;
               so
               that
               the
               way
               we
               propose
               ,
               of
               several
               men
               of
               every
               Ward
               ,
               representing
               the
               Wards
               to
               elect
               ,
               is
               founded
               upon
               a
               common
               Assent
               .
               They
               produce
               no
               one
               Act
               of
               a
               common
               Hall
               ,
               that
               should
               make
               it
               appear
               ,
               that
               it
               was
               ever
               assented
               unto
               by
               the
               Commonalty
               ,
               that
               the
               Livery-Men
               of
               the
               Mysteries
               should
               be
               the
               choosers
               of
               the
               Mayor
               .
            
             
               Now
               my
               Lord
               I
               humbly
               offer
               it
               to
               this
               Honourable
               Court
               ,
               whether
               this
               opinion
               of
               the
               Judges
               about
               Elections
               produced
               by
               Mr
               Maynard
               as
               the
               pillar
               whereon
               they
               build
               the
               lawfulness
               of
               the
               Liveries
               Elections
               ,
               do
               not
               rather
               speak
               them
               to
               be
               unlawful
               ,
               in
               my
               humble
               opinion
               ,
               this
               that
               those
               learned
               Gentlemen
               flourished
               like
               
               Goliah's
               Sword
               against
               us
               ,
               ●●ays
               themselves
               .
            
             
               After
               Mr.
               Maynard
               had
               produced
               the
               Authority
               of
               the
               Judges
               as
               he
               supposed
               for
               his
               Cl●ents
               case
               ,
               he
               argues
               from
               consequences
               ,
               saith
               he
               ,
               If
               this
               present
               way
               of
               Electing
               by
               the
               Liveries
               were
               not
               lawful
               ,
               mark
               the
               consequences
               ,
               your
               Charter
               ,
               saith
               he
               ,
               is
               forfeited
               ;
               this
               I
               confess
               is
               a
               big
               bellied
               word
               ;
               but
               how
               will
               this
               assertion
               agree
               with
               what
               M.
               Maynard
               ,
               M.
               Hales
               ,
               and
               M.
               Wilde
               all
               affirmed
               ,
               that
               the
               Charters
               of
               the
               City
               did
               not
               originally
               give
               the
               City
               those
               Liberties
               that
               are
               mentioned
               in
               the
               Charter
               ,
               but
               that
               the
               Charters
               were
               only
               D●clarative
               of
               Cities
               Rights
               ,
               shewing
               what
               their
               Rights
               were
               before
               the
               Charters
               ?
               Now
               if
               the
               Charters
               give
               not
               the
               City
               their
               Rights
               ,
               certainly
               you
               cannot
               forfeit
               your
               Charters
               ,
               unless
               the
               learned
               Gentlemen
               shall
               please
               to
               say
               .
               You
               shall
               forfeit
               the
               Declaration
               of
               your
               Rights
               ,
               (
               for
               the
               Charters
               are
               no
               more
               by
               their
               own
               confession
               )
               and
               if
               your
               forfeiture
               be
               no
               more
               you
               may
               enjoy
               your
               Liberties
               still
               ,
               notwithstanding
               such
               a
               forfeiture
               as
               they
               pretend
               .
               But
               suppose
               a
               man
               should
               say
               what
               I
               did
               not
               yet
               say
               ,
               that
               the
               present
               way
               of
               Electing
               the
               Mayor
               is
               unlawful
               ,
               is
               it
               any
               more
               than
               this
               ,
               that
               the
               Citizens
               have
               suffered
               their
               Right
               to
               be
               taken
               from
               them
               for
               many
               Years
               ,
               &
               others
               to
               enjoy
               it
               unlawfully
               ,
               and
               how
               will
               this
               consequence
               be
               deduced
               from
               thence
               ,
               that
               the
               City
               hath
               forfeited
               their
               Rights
               ;
               I
               confess
               I
               understand
               not
               by
               the
               Law
               that
               a
               Body
               politick
               or
               Corporation
               ,
               as
               such
               ,
               is
               under
               harder
               Laws
               in
               our
               Nation
               ,
               than
               the
               Members
               of
               the
               Common-Wealth
               severally
               ;
               now
               no
               man
               in
               England
               can
               forfeit
               his
               Rights
               without
               a
               legal
               conviction
               of
               some
               crime
               for
               which
               the
               Law
               censures
               him
               to
               forfeit
               his
               Rights
               ;
               &
               I
               know
               no
               reason
               why
               
               the
               City
               should
               have
               such
               hard
               measure
               ,
               that
               in
               case
               the
               free
               men
               have
               suffered
               the
               Companies
               to
               usurp
               their
               right
               ,
               that
               therefore
               all
               the
               Cities
               rights
               should
               be
               forfeited
               .
            
             
               Mr.
               Maynards
               next
               argument
               for
               the
               Liveries
               Elections
               ,
               was
               this
               ,
               That
               't
               is
               founded
               upon
               a
               constant
               usage
               ,
               time
               out
               of
               mind
               ,
               so
               that
               ,
               saith
               he
               ,
               the
               City
               now
               prescribes
               unto
               this
               way
               of
               Electing
               ;
               and
               yet
               the
               Gentleman
               was
               pleased
               afterwards
               to
               confess
               ,
               that
               to
               make
               a
               title
               by
               prescription
               there
               must
               be
               a
               constant
               usage
               since
               Rich.
               the
               firsts
               time
               ,
               and
               they
               only
               produce
               an
               Act
               of
               a
               Common
               Councel
               for
               the
               Liveries
               Electing
               about
               174
               years
               since
               ,
               and
               will
               suppose
               that
               that
               act
               of
               Common
               Councel
               was
               in
               confirmation
               of
               what
               was
               the
               custome
               before
               ,
               whereas
               they
               produce
               no
               one
               footstep
               of
               a
               Record
               before
               that
               time
               to
               prove
               that
               it
               was
               the
               usage
               to
               chuse
               by
               Livery-men
               ,
               but
               on
               the
               contrary
               it
               hath
               appeared
               that
               the
               Election
               hath
               been
               400
               years
               since
               by
               a
               select
               number
               out
               of
               the
               several
               Wards
               ,
               which
               cannot
               be
               any
               way
               supposed
               to
               be
               meant
               of
               Livery-men
               ,
               they
               not
               coming
               as
               men
               from
               several
               Wards
               ,
               but
               as
               men
               from
               several
               Companies
               .
            
             
               The
               next
               thing
               the
               Gentleman
               said
               ,
               was
               this
               ,
               that
               he
               hoped
               we
               would
               grant
               that
               we
               did
               both
               depart
               from
               the
               Charter
               it self
               ;
               for
               ,
               saith
               he
               ,
               if
               we
               found
               the
               way
               of
               Electing
               upon
               the
               Charter
               ,
               the
               Charter
               running
               to
               the
               Citizens
               indefinitely
               ,
               it
               must
               be
               understood
               of
               all
               the
               Citizens
               and
               Barons
               ;
               and
               ,
               saith
               he
               ,
               you
               grant
               ,
               it
               is
               impossible
               they
               should
               altogether
               make
               the
               Election
               ,
               so
               we
               both
               depart
               from
               it
               .
               Under
               his
               Favour
               I
               must
               be
               bold
               to
               deny
               it
               ;
               We
               depart
               not
               from
               the
               Charter
               ,
               for
               we
               say
               ,
               that
               the
               Charter
               giving
               a
               right
               of
               choyce
               to
               all
               the
               Citizens
               ,
               they
               may
               proceed
               in
               their
               Elections
               ,
               either
               by
               themselves
               personally
               ,
               or
               their
               Deputies
               ;
               and
               they
               finding
               it
               inconvenient
               to
               meet
               Personally
               ,
               may
               depute
               others
               to
               make
               their
               Elections
               ;
               and
               an
               Election
               so
               made
               ,
               is
               truly
               said
               to
               be
               made
               by
               the
               Citizens
               .
               So
               that
               in
               case
               that
               way
               of
               Electing
               were
               admitted
               which
               the
               Pertitioners
               propose
               ,
               it
               were
               directly
               agreeable
               to
               the
               Charter
               ;
               for
               ,
               then
               indeed
               the
               Citizens
               should
               chuse
               ,
               because
               they
               chuse
               every
               one
               of
               them
               by
               their
               Deputies
               ,
               as
               all
               the
               People
               of
               England
               make
               Laws
               in
               Parliament
               ,
               because
               every
               mans
               Deputy
               is
               ,
               or
               ought
               to
               be
               ,
               there
               in
               Parliament
               .
            
             
               Next
               Mr.
               Maynard
               answers
               an
               Objection
               ;
               If
               ,
               saith
               he
               ,
               it
               be
               objected
               ,
               that
               in
               the
               way
               of
               Election
               that
               is
               by
               the
               Livery
               men
               ,
               all
               are
               not
               represented
               ;
               saith
               he
               ,
               it
               is
               true
               ,
               if
               you
               take
               it
               in
               some
               sence
               ;
               but
               ,
               saith
               he
               ,
               if
               you
               take
               it
               in
               the
               sence
               of
               the
               Law
               ,
               therein
               they
               are
               represented
               ,
               and
               it
               is
               the
               City
               makes
               these
               Elections
               ;
               Saith
               he
               ,
               the
               Law
               saith
               so
               ;
               as
               ,
               saith
               he
               ,
               in
               case
               a
               mans
               hand
               moves
               ,
               it
               is
               the
               man
               that
               moves
               ,
               or
               his
               eye
               sees
               a
               Colour
               ,
               it
               is
               the
               man
               that
               sees
               .
               I
               hope
               the
               Gentleman
               will
               please
               to
               confess
               a
               vast
               difference
               between
               a
               Body
               natural
               ,
               and
               a
               Body
               politique
               ;
               Because
               he
               may
               truly
               say
               ,
               if
               a
               mans
               hand
               moves
               ,
               all
               the
               man
               moves
               ,
               therefore
               will
               he
               say
               that
               what
               a
               few
               ,
               or
               one
               member
               of
               the
               City
               doth
               ,
               is
               the
               Cities
               action
               ?
               If
               so
               ,
               if
               one
               in
               the
               City
               commit
               Treason
               ,
               all
               the
               City
               are
               Traytors
               .
               I
               believe
               ,
               Gentlemen
               ,
               you
               would
               be
               loath
               to
               admit
               of
               such
               a
               Law.
               
            
             
               But
               to
               confirm
               this
               assertion
               ,
               the
               Gentleman
               produced
               something
               out
               of
               that
               which
               he
               called
               
                 Articuli
                 super
                 Chartas
              
               ,
               where
               he
               saith
               ,
               the
               King
               granted
               to
               the
               People
               to
               chuse
               Sheriffs
               ,
               and
               yet
               the
               People
               did
               not
               chuse
               them
               all
               in
               general
               ,
               it
               was
               the
               Freeholders
               chose
               them
               .
               Mr.
               Maynard
               ,
               If
               he
               pleaseth
               ,
               could
               have
               told
               when
               the
               People
               in
               general
               were
               restrained
               
               from
               electing
               Parliament-men
               ,
               and
               other
               the
               Sheriffs
               also
               ,
               and
               upon
               what
               pretence
               it
               was
               put
               upon
               Freeholders
               onely
               ,
               and
               how
               it
               served
               the
               Kings
               ends
               to
               procure
               that
               Statute
               of
               Restriction
               ;
               if
               I
               forget
               not
               the
               time
               ,
               it
               was
               in
               the
               8
               of
               Henry
               6.
               
               Chap.
               7.
               
               But
               however
               Mr.
               Maynard
               should
               have
               proved
               this
               to
               be
               just
               ,
               before
               he
               can
               prove
               the
               other
               to
               be
               just
               by
               this
               .
            
             
               Now
               the
               Gentleman
               is
               pleased
               to
               come
               to
               examine
               the
               presidents
               we
               produced
               ,
               and
               saith
               ,
               he
               will
               turn
               our
               own
               swords
               into
               our
               own
               bowels
               ;
               and
               endeavors
               to
               do
               it
               thus
               ;
            
             
               First
               ,
               saith
               he
               ,
               you
               prove
               that
               the
               Wards
               did
               send
               several
               Persons
               to
               these
               Elections
               400
               years
               since
               ,
               but
               you
               prove
               not
               that
               the
               Wards
               chose
               these
               Persons
               ;
               you
               read
               indeed
               Records
               that
               said
               these
               Persons
               were
               summoned
               to
               the
               Election
               ,
               but
               who
               summoned
               them
               ?
               certainly
               the
               Mayor
               summoned
               them
               ,
               and
               he
               summoned
               whom
               he
               would
               .
               I
               verily
               believe
               this
               would
               be
               a
               very
               bitter
               Pill
               for
               the
               Citizens
               to
               digest
               ,
               to
               ●ay
               the
               Lord
               Mayor
               should
               summon
               when
               he
               pleased
               ,
               and
               whom
               he
               pleased
               ,
               out
               of
               every
               Ward
               to
               come
               to
               the
               Election
               ,
               the
               Government
               would
               be
               turned
               topsie
               turvy
               ,
               if
               that
               were
               admitted
               ▪
               then
               he
               that
               should
               be
               once
               Lord
               Mayor
               ,
               might
               be
               for
               ever
               Lord
               Mayor
               ,
               if
               he
               could
               make
               but
               a
               friend
               or
               two
               in
               every
               Ward
               ,
               and
               if
               this
               be
               imagined
               to
               have
               been
               the
               custom
               of
               the
               City
               ,
               I
               wonder
               who
               summoned
               those
               that
               chose
               the
               first
               Mayor
               .
            
             
               But
               the
               Gentleman
               is
               pleased
               to
               make
               his
               Argument
               thus
               ;
               saith
               he
               ,
               it
               is
               not
               named
               in
               the
               Record
               you
               produce
               ,
               that
               these
               men
               were
               Elected
               by
               the
               Wards
               ,
               though
               summoned
               from
               the
               Wards
               ;
               therefore
               saith
               he
               ,
               they
               were
               not
               elected
               .
               It
               is
               a
               new
               kind
               of
               logick
               that
               must
               make
               this
               argument
               good
               ;
               
                 'T
                 is
                 not
                 recited
                 in
                 the
                 Record
                 that
                 they
                 were
                 chosen
                 ,
                 therefore
                 they
                 were
                 not
                 chosen
              
               ;
               I
               might
               as
               well
               say
               that
               in
               your
               summon
               to
               a
               Common
               Coun●el
               ,
               your
               being
               chosen
               by
               the
               Wards
               is
               not
               recited
               ,
               therefore
               you
               Gentlemen
               of
               this
               Court
               were
               not
               chosen
               .
               I
               confess
               I
               am
               not
               very
               well
               verst
               in
               the
               Acts
               that
               are
               in
               this
               Court
               ,
               but
               I
               think
               there
               is
               no
               act
               of
               the
               Court
               recorded
               ,
               wherein
               it
               is
               said
               ,
               
                 There
                 were
                 present
                 the
                 Common
                 Councel
                 that
                 were
                 chosen
                 by
                 such
                 Wards
                 ,
              
               shall
               I
               therefore
               conclude
               that
               they
               were
               not
               chosen
               by
               the
               Wards
               ?
               I
               must
               first
               learn
               a
               new
               Logick
               ,
               before
               I
               shall
               ●are
               so
               to
               conclude
               .
            
             
               The
               second
               thing
               he
               objected
               against
               the
               presidents
               ,
               was
               this
               ,
               Those
               Twelve
               men
               of
               the
               Wards
               that
               are
               said
               to
               elect
               the
               Mayor
               ,
               saith
               he
               ,
               must
               needs
               be
               understood
               to
               be
               Common
               Councel
               men
               ;
               Truly
               ,
               besides
               the
               Answer
               of
               Mr.
               Price
               ,
               that
               it
               was
               not
               probable
               ,
               because
               the
               number
               of
               Common
               Councel
               would
               then
               have
               been
               far
               greater
               ,
               than
               now
               it
               is
               ,
               when
               the
               City
               was
               far
               less
               ▪
               to
               let
               that
               pass
               ,
               I
               only
               answer
               thus
               ,
               that
               if
               they
               please
               to
               look
               in
               22
               of
               Henry
               the
               sixth
               ,
               it
               is
               in
               Lib.
               K.
               fol.
               214.
               
               It
               is
               said
               in
               the
               writ
               that
               came
               down
               from
               the
               King
               to
               prevent
               disturbances
               at
               that
               Election
               of
               the
               Mayor
               ,
               that
               none
               should
               be
               there
               but
               they
               that
               have
               an
               interest
               to
               be
               there
               ,
               those
               that
               were
               in
               Common-Councel
               ,
               
                 And
                 the
                 more
                 discreet
                 and
                 able
                 men
                 of
                 the
                 Wards
                 ,
              
               so
               that
               besides
               the
               Common-Councel
               ,
               there
               were
               others
               that
               were
               wise
               and
               able
               discreet
               men
               in
               the
               Wards
               that
               were
               to
               come
               to
               the
               Elections
               ,
               which
               probably
               were
               those
               that
               were
               chosen
               by
               the
               Wards
               .
               If
               your
               Honour
               please
               the
               Record
               may
               be
               read
               .
               The
               former
               answer
               serves
               to
               Mr.
               Mayards
               Observation
               of
               the
               Election
               of
               the
               Parliament
               Men
               for
               the
               City
               ,
               wherein
               it
               is
               said
               only
               six
               of
               a
               ward
               were
               called
               to
               be
               there
               ,
               but
               not
               chosen
               ;
               I
               propose
               
               it
               to
               him
               ,
               whether
               it
               is
               probable
               that
               the
               Lord
               Mayor
               had
               power
               to
               pick
               six
               men
               out
               of
               a
               Ward
               to
               chuse
               the
               Parliament
               men
               for
               the
               City
               ,
               or
               whether
               this
               be
               a
               good
               Argument
               ,
               because
               they
               are
               said
               to
               be
               summoned
               by
               the
               Lord
               Mayor
               ,
               and
               not
               said
               to
               be
               elected
               ,
               therefore
               they
               were
               not
               elected
               .
               I
               hope
               the
               Gentlemen
               of
               the
               Long-Robe
               have
               better
               arguments
               .
            
             
               The
               last
               thing
               that
               Mr.
               Manard
               avers
               ,
               is
               ,
               the
               inconveniencies
               in
               point
               of
               Law
               that
               would
               ensue
               upon
               that
               which
               we
               pray
               for
               ,
               which
               he
               calls
               an
               Innovation
               .
               But
               I
               humbly
               crave
               leave
               to
               aver
               ,
               unless
               I
               could
               see
               his
               confutation
               ,
               that
               it
               is
               an
               antient
               Right
               of
               the
               Citizens
               of
               this
               City
               .
               Those
               inconveniencies
               in
               point
               of
               Law
               ,
               he
               saith
               ,
               are
               these
               ,
               the
               hazard
               of
               forfeiting
               of
               Charters
               .
               I
               conceive
               that
               to
               be
               answered
               before
               ,
               That
               if
               a
               City
               should
               depart
               from
               a
               just
               way
               ,
               if
               their
               Charter
               were
               but
               the
               confirmation
               of
               their
               right
               before
               ,
               there
               is
               no
               forfeiting
               of
               that
               Charter
               ,
               for
               the
               Charter
               gives
               them
               not
               that
               Right
               .
            
             
               The
               next
               Argument
               he
               draws
               from
               every
               mans
               living
               in
               a
               Court-●eet
               ,
               and
               that
               at
               twelve
               years
               old
               he
               ought
               to
               meet
               there
               ,
               and
               he
               saith
               from
               thence
               ,
               if
               there
               should
               be
               Representers
               of
               the
               Wards
               chosen
               ,
               to
               make
               the
               choyce
               ,
               it
               might
               be
               that
               those
               that
               are
               no
               Citizens
               might
               meer
               to
               chuse
               a
               Mayor
               ,
               and
               Citizens
               that
               live
               without
               should
               not
               chuse
               .
               I
               think
               under
               his
               favour
               the
               common
               practice
               will
               answer
               to
               that
               ,
               when
               the
               Wards
               meet
               for
               the
               choyce
               of
               Aldermen
               ,
               or
               Common-Councel
               Men
               ,
               none
               but
               Citizens
               have
               their
               Votes
               in
               it
               ,
               there
               is
               no
               danger
               that
               those
               that
               are
               Aliens
               should
               either
               be
               chosen
               or
               choosers
               .
            
             
               His
               next
               Argument
               against
               this
               Petition
               is
               this
               ,
               saith
               Mr.
               
                 Maynard
                 ,
                 It
                 will
                 tend
                 to
                 Popularity
                 ,
                 if
                 this
                 should
                 be
                 admitted
                 ,
                 that
                 the
                 Wards
                 should
                 choose
                 ;
                 and
                 I
                 leave
                 it
                 ,
              
               saith
               he
               ,
               
                 to
                 the
                 Court
                 to
                 judg
                 what
                 the
                 Consequent
                 of
                 that
                 would
                 be
                 ;
                 all
                 mens
                 Educations
                 ,
              
               saith
               he
               ,
               
                 are
                 not
                 such
                 as
                 make
                 them
                 fit
                 for
                 Government
                 ,
                 or
                 fit
                 to
                 choose
                 Governors
                 .
              
               Truly
               if
               it
               please
               the
               honourable
               Court
               but
               to
               consider
               who
               they
               are
               that
               are
               now
               the
               Electors
               ,
               this
               Arrow
               of
               the
               Gentlemans
               returns
               upon
               himself
               :
               I
               could
               say
               more
               of
               it
               ,
               if
               I
               should
               not
               be
               thought
               to
               reflect
               ,
               because
               I
               have
               a
               reverend
               respect
               to
               all
               kind
               of
               Trades
               ;
               but
               if
               I
               should
               speak
               of
               all
               the
               several
               Companies
               ,
               the
               Bricklayers
               ,
               Bowyers
               ,
               Fletchers
               ,
               Turners
               ,
               Coopers
               ,
               Tallow-Chandlers
               ,
               &c.
               
               If
               I
               should
               speak
               of
               the
               Education
               of
               most
               of
               the
               Livery-Men
               of
               forty
               Companies
               of
               the
               City
               ,
               and
               compute
               their
               number
               ,
               and
               tell
               you
               upon
               what
               terms
               most
               are
               admitted
               to
               be
               of
               the
               Liveries
               ,
               that
               is
               ,
               for
               a
               small
               sum
               of
               Money
               ;
               I
               conceive
               the
               Court
               would
               quickly
               judge
               which
               way
               of
               Election
               tends
               most
               to
               Popularity
               ,
               as
               he
               calls
               it
               ,
               and
               who
               proposeth
               most
               men
               that
               are
               unfit
               for
               Government
               to
               choose
               the
               Lord
               Mayor
               and
               Sheriffs
               .
               Will
               any
               man
               suppose
               that
               the
               Educations
               of
               all
               the
               Handicraft
               men
               of
               the
               Liveries
               render
               them
               so
               able
               and
               discreet
               ,
               that
               they
               are
               fit
               for
               Government
               ?
               I
               submit
               it
               to
               the
               Court.
               
            
             
               As
               for
               the
               great
               Word
               Mr.
               Maynard
               was
               pleased
               to
               add
               about
               the
               ill
               consequents
               of
               this
               change
               that
               would
               be
               to
               other
               Corporations
               ,
               saying
               ,
               
                 That
                 this
                 is
                 an
                 Earthquake
                 comes
                 under
                 them
                 .
              
               I
               shall
               conceive
               his
               Oratory
               in
               this
               to
               be
               of
               the
               Earthquakes
               nature
               ,
               a
               swelling
               vapor
               ,
               unless
               he
               will
               be
               pleased
               to
               shew
               me
               how
               the
               Liberty
               of
               the
               City
               ,
               or
               any
               one
               Citizen
               ,
               is
               undermined
               by
               what
               is
               proposed
               ,
               only
               I
               must
               observe
               to
               the
               Court
               ,
               that
               where
               Arguments
               are
               wanting
               ,
               their
               room
               is
               commonly
               supplied
               with
               words
               and
               pretences
               of
               huge
               strange
               consequences
               ,
               that
               will
               ensue
               ,
               if
               their
               desires
               be
               crossed
               ;
               But
               the
               arguments
               from
               a
               consequence
               ,
               
               I
               believe
               they
               well
               know
               their
               strength
               is
               not
               of
               the
               first
               degree
               ;
               but
               however
               to
               suppose
               an
               ill
               consequence
               may
               ensue
               upon
               a
               City
               ,
               or
               company
               of
               persons
               exercising
               their
               right
               ,
               and
               thence
               to
               conclude
               they
               must
               not
               enjoy
               it
               ,
               is
               a
               way
               of
               arguing
               that
               I
               understand
               not
               .
            
             
               I
               confess
               Mr.
               Hales
               is
               pleased
               to
               deal
               very
               ingenuously
               in
               laying
               down
               those
               principles
               wherein
               we
               agreed
               ,
               which
               was
               ,
               That
               the
               Liberties
               of
               the
               City
               were
               by
               prescription
               ,
               and
               that
               the
               Charters
               were
               but
               Declarations
               of
               what
               our
               Liberties
               were
               ,
               and
               that
               the
               Common-Councel-Men
               ought
               to
               have
               a
               Vote
               in
               their
               Elections
               ;
               But
               I
               said
               not
               they
               ought
               ,
               but
               that
               they
               might
               have
               their
               Votes
               if
               they
               were
               chosen
               to
               that
               purpose
               :
               But
               he
               was
               pleased
               to
               say
               that
               the
               Lord
               Mayor
               ,
               Aldermen
               ,
               and
               Common-Counsel
               ,
               were
               a
               kind
               of
               a
               Representative
               of
               the
               City
               ,
               and
               therefore
               he
               would
               thence
               aver
               ,
               that
               there
               is
               no
               inconvenience
               to
               the
               City
               ,
               seeing
               they
               have
               such
               a
               Representative
               .
               I
               shall
               answer
               Mr.
               Hales
               thus
               ,
               If
               a
               man
               should
               say
               the
               Parliament
               represent
               the
               Common-Wealth
               ,
               and
               seeing
               we
               have
               a
               Representative
               ,
               what
               matter
               if
               that
               200.
               or
               300.
               men
               more
               went
               into
               the
               Parliament
               and
               voted
               with
               them
               ,
               the
               people
               of
               England
               surely
               would
               not
               think
               themselves
               well
               dealt
               withal
               ,
               nor
               think
               those
               Acts
               so
               passed
               to
               be
               valid
               .
               Mr.
               Hales
               is
               pleased
               also
               to
               pursue
               Mr.
               Maynards
               mode
               of
               imagining
               strange
               kind
               of
               consequences
               that
               may
               ensue
               upon
               this
               ,
               and
               saith
               he
               ,
               How
               if
               the
               People
               will
               say
               ,
               when
               you
               brought
               it
               to
               the
               Representatives
               ,
               we
               will
               not
               be
               bound
               to
               Representatives
               ,
               but
               we
               will
               come
               and
               chuse
               personally
               ;
               what
               then
               (
               saith
               he
               )
               would
               be
               the
               consequence
               of
               this
               ?
               Truly
               if
               Mr.
               Hales
               will
               suppose
               that
               the
               people
               will
               not
               be
               bound
               by
               any
               Government
               ,
               not
               by
               Acts
               of
               Parliament
               ,
               he
               may
               fill
               his
               fancy
               with
               bad
               consequences
               :
               and
               why
               may
               it
               not
               be
               supposed
               as
               well
               ,
               that
               all
               the
               people
               in
               England
               should
               say
               ,
               we
               will
               go
               and
               make
               Laws
               our selves
               in
               Parliament
               ,
               as
               well
               as
               that
               the
               people
               should
               not
               be
               willing
               to
               be
               bound
               in
               the
               Wards
               to
               chuse
               the
               Lord
               Mayor
               and
               Sheriffs
               by
               their
               Representatives
               ?
               I
               shall
               let
               pass
               also
               ,
               what
               Mr.
               Hales
               was
               pleased
               to
               urge
               concerning
               that
               principle
               of
               a
               just
               subjection
               of
               Peoples
               to
               Governours
               ,
               to
               be
               founded
               upon
               an
               Assent
               ,
               because
               he
               was
               pleased
               to
               confess
               very
               ingenuously
               ,
               that
               I
               waved
               those
               Arguments
               that
               might
               reduce
               Government
               to
               an
               uncertainty
               ,
               or
               to
               the
               first
               principles
               of
               general
               Common-Right
               .
               But
               saith
               Mr.
               Hales
               ,
               if
               that
               principle
               be
               allowed
               amongst
               a
               free
               People
               ,
               that
               subjection
               to
               their
               Governours
               ought
               to
               be
               by
               meer
               assent
               ,
               sath
               he
               ,
               we
               must
               consider
               there
               is
               a
               Personal
               and
               a
               Virtual
               assent
               ,
               and
               it
               shall
               be
               conceived
               to
               be
               a
               Virtual
               consent
               ,
               where
               there
               hath
               been
               an
               usage
               time
               out
               of
               mind
               for
               the
               People
               to
               be
               subject
               to
               any
               form
               of
               Government
               .
               Of
               which
               nature
               he
               endeavoured
               to
               prove
               the
               way
               of
               electing
               the
               Lord
               Mayor
               and
               Sheriffs
               by
               the
               Livery-Men
               of
               the
               several
               Misteries
               ;
               whereas
               if
               Mr.
               Hales
               please
               to
               remember
               ,
               they
               do
               all
               aver
               the
               usage
               of
               this
               way
               of
               Electing
               ,
               but
               to
               have
               been
               for
               174.
               years
               that
               they
               can
               prove
               .
               As
               for
               any
               suppositions
               that
               it
               was
               before
               ,
               I
               think
               there
               is
               enough
               answered
               to
               that
               ,
               there
               being
               no
               ancient
               Records
               that
               mention
               the
               choise
               to
               have
               been
               by
               the
               Livery-Men
               ,
               who
               come
               not
               as
               sent
               from
               Wards
               .
               And
               though
               Mr.
               Hales
               is
               pleased
               to
               ballance
               the
               Records
               produced
               on
               one
               hand
               and
               on
               the
               other
               ,
               and
               saith
               thus
               ,
               that
               they
               produce
               for
               one
               hundred
               seventy
               four
               years
               ,
               to
               shew
               that
               this
               hath
               been
               the
               way
               of
               electing
               which
               now
               is
               ;
               but
               saith
               he
               ,
               those
               Records
               produced
               to
               prove
               another
               way
               of
               Electing
               ,
               is
               but
               a
               short
               time
               .
               If
               he
               please
               to
               remember
               there
               is
               no
               foot-step
               or
               mention
               made
               of
               any
               Livery-Man
               ,
               or
               of
               any
               of
               the
               Mysteries
               
               having
               a
               Power
               to
               elect
               ,
               until
               that
               15.
               of
               Edw.
               4.
               and
               we
               find
               from
               Edward
               the
               first
               ,
               about
               200
               yeers
               before
               ,
               that
               there
               were
               twelve
               men
               in
               the
               Wards
               that
               were
               Electors
               ,
               which
               we
               may
               well
               think
               to
               be
               the
               Representors
               of
               those
               Wards
               ,
               and
               chosen
               by
               them
               for
               that
               purpose
               ;
               and
               no
               foot-steps
               of
               the
               discontinuance
               of
               it
               ,
               from
               that
               time
               produced
               ;
               but
               we
               may
               well
               say
               that
               all
               the
               Records
               that
               mention
               the
               Communaltyes
               choise
               ,
               are
               to
               be
               interpreted
               by
               the
               former
               Records
               ,
               untill
               that
               Record
               comes
               wherein
               mention
               is
               made
               of
               Livery-men
               ,
               there
               being
               no
               mention
               made
               of
               them
               formerly
               ,
               under
               that
               ,
               or
               any
               other
               name
               as
               such
               .
            
             
               That
               which
               he
               was
               pleased
               to
               alledge
               ,
               that
               it
               was
               the
               Common-Counsel-men
               that
               were
               those
               twelve
               men
               ,
               is
               answered
               before
               in
               Mr.
               Maynards
               ,
               and
               therefore
               I
               pass
               it
               over
               .
            
             
               But
               Mr.
               Hales
               seems
               to
               think
               it
               hard
               measure
               that
               we
               should
               exclude
               the
               Livery
               ,
               because
               there
               is
               no
               mention
               made
               of
               them
               .
               I
               shall
               only
               answer
               ,
               that
               it
               is
               as
               hard
               for
               them
               to
               say
               ,
               because
               the
               Common-Counsel
               men
               are
               not
               mentioned
               to
               joyn
               with
               the
               12
               of
               the
               Wards
               ,
               therefore
               they
               were
               excluded
               .
               But
               saith
               Mr.
               Hales
               ,
               it
               is
               the
               usage
               that
               shall
               explain
               what
               is
               meant
               by
               the
               Communalty
               ,
               and
               what
               is
               meant
               by
               those
               more
               able
               and
               discreet
               men
               in
               the
               City
               that
               are
               chosen
               ;
               we
               desire
               but
               to
               stand
               to
               the
               explanation
               of
               the
               Record
               ;
               we
               produced
               an
               ancient
               Record
               that
               had
               these
               words
               ,
               viz.
               
                 The
                 whole
                 Communalty
              
               ;
               that
               is
               to
               say
               ,
               the
               more
               able
               and
               discreet
               men
               of
               the
               Ward
               ;
               we
               would
               fain
               have
               him
               produce
               a
               Record
               where
               it
               is
               said
               ,
               The
               whole
               Communalty
               ,
               that
               is
               to
               say
               ,
               the
               Livery-Men
               ,
               at
               least
               any
               time
               before
               that
               of
               Edward
               the
               fourth
               .
            
             
               As
               to
               the
               Arguments
               from
               the
               consequences
               ,
               if
               this
               Government
               were
               not
               right
               ,
               then
               saith
               Mr.
               Hales
               ,
               all
               the
               Purchases
               you
               have
               made
               since
               that
               time
               you
               altered
               the
               way
               of
               Elections
               ,
               is
               null
               .
            
             
               I
               must
               humbly
               crave
               leave
               not
               to
               submit
               to
               his
               Judgment
               in
               that
               ,
               till
               he
               give
               me
               better
               reasons
               ;
               for
               I
               suppose
               it
               is
               grounded
               upon
               that
               of
               forfeiting
               a
               Charter
               ,
               which
               was
               answered
               before
               ;
               for
               though
               the
               Body
               corporate
               have
               not
               had
               their
               Officers
               rightly
               Elected
               ,
               yet
               the
               Body
               is
               not
               thereby
               dissolved
               ,
               and
               therefore
               their
               purchase
               may
               be
               good
               ,
               and
               without
               fear
               of
               forfeiture
               .
            
             
               The
               Arguments
               Mr.
               Wild
               was
               pleased
               to
               use
               ,
               were
               but
               to
               inforce
               what
               his
               Brethren
               had
               said
               ,
               that
               by
               the
               12
               Electors
               of
               the
               Wards
               must
               be
               meant
               the
               Common-Counsel
               ,
               because
               (
               saith
               he
               )
               no
               mention
               is
               made
               of
               the
               Common-Counsel
               ;
               but
               it
               hath
               been
               proved
               that
               in
               an
               election
               mention
               is
               made
               of
               the
               Common-Councel
               ,
               and
               of
               other
               honest
               men
               of
               the
               City
               ,
               before
               any
               mention
               is
               made
               of
               Livery-men
               ;
               and
               though
               no
               mention
               were
               made
               of
               the
               Common-Counsel
               ,
               yet
               to
               say
               they
               were
               not
               mentioned
               ,
               therefore
               they
               were
               not
               called
               to
               that
               Assembly
               when
               the
               Election
               was
               made
               ,
               is
               no
               good
               consequence
               ;
               upon
               the
               grounds
               before
               asserted
               ,
               Mr.
               Wilds
               objection
               that
               we
               would
               endeavour
               to
               introduce
               a
               novelty
               ,
               falls
               to
               the
               ground
               ;
               for
               we
               conceive
               the
               way
               of
               twelve
               men
               out
               of
               the
               Wards
               ,
               to
               be
               far
               more
               antient
               than
               the
               way
               that
               is
               now
               practised
               .
               And
               as
               for
               Mr.
               Wilds
               Arguments
               concerning
               the
               danger
               that
               would
               ensue
               upon
               the
               multitude
               coming
               to
               Elections
               ,
               upon
               the
               same
               ground
               he
               may
               say
               ;
               the
               Wards
               must
               not
               chuse
               their
               Aldermen
               nor
               Common-Councel
               Men
               ,
               if
               the
               Citizens
               should
               be
               deprived
               of
               their
               right
               upon
               that
               ground
               ,
               that
               it
               is
               popularity
               ,
               or
               they
               may
               be
               divided
               ,
               and
               fall
               to
               blows
               ;
               upon
               the
               same
               grounds
               they
               may
               take
               away
               the
               liberty
               of
               chusing
               Common-Councel
               Men
               and
               Aldermen
               ,
               and
               all
               their
               common
               Freedoms
               ;
               and
               if
               these
               fears
               
               shall
               affright
               men
               from
               the
               claim
               of
               their
               right
               ,
               they
               may
               be
               told
               next
               that
               the
               Sky
               may
               fall
               ,
               and
               therefore
               they
               must
               not
               go
               abroad
               .
            
             
               As
               for
               the
               last
               objection
               of
               Mr.
               Wilds
               ,
               that
               in
               this
               way
               of
               popularity
               't
               is
               possible
               a
               choice
               may
               be
               made
               of
               unfit
               men
               .
               I
               shall
               only
               offer
               this
               to
               the
               consideration
               of
               the
               Court
               ,
               Whether
               it
               is
               more
               probable
               that
               a
               whole
               Ward
               meeting
               together
               to
               chuse
               a
               small
               number
               of
               men
               that
               should
               represent
               them
               in
               the
               electing
               their
               Superiour
               Officers
               ,
               should
               chuse
               more
               unfit
               men
               for
               that
               Election
               ,
               then
               a
               company
               it
               may
               be
               of
               Coopers
               ,
               Tallow-Chandlers
               ,
               or
               other
               manuel
               occupations
               should
               admit
               to
               the
               Livery
               ,
               who
               admit
               all
               that
               will
               give
               so
               much
               money
               to
               be
               of
               the
               Livery
               ;
               who
               are
               the
               likeliest
               men
               to
               send
               fittest
               men
               for
               the
               choyce
               ,
               I
               humbly
               refer
               to
               the
               Honourable
               Court
               ,
               though
               it
               is
               strange
               to
               me
               to
               hear
               that
               the
               fear
               of
               popularity
               ,
               or
               of
               giving
               way
               so
               much
               to
               the
               Liberty
               of
               the
               people
               ,
               is
               so
               much
               insisted
               on
               ,
               now
               we
               are
               come
               into
               the
               way
               of
               a
               common
               Wealth
               ;
               it
               is
               a
               little
               dissonant
               to
               the
               present
               constitution
               .
            
             
               Now
               I
               shall
               humbly
               submit
               to
               the
               Court
               ,
               what
               hath
               been
               offered
               in
               answer
               to
               that
               which
               the
               Gentlemen
               on
               the
               other-side
               have
               objected
               ;
               and
               humbly
               crave
               leave
               to
               be
               still
               of
               opinion
               ,
               that
               I
               see
               nothing
               of
               strength
               objected
               against
               our
               assertion
               ,
               viz.
               That
               the
               liberty
               of
               Electing
               is
               the
               Right
               of
               the
               Citizens
               of
               London
               in
               general
               ,
               and
               so
               declared
               by
               the
               first
               Charter
               we
               find
               upon
               Record
               ;
               And
               if
               it
               be
               the
               liberty
               of
               the
               Citizens
               in
               general
               to
               chuse
               ,
               every
               man
               must
               chuse
               either
               by
               himself
               or
               deputy
               ,
               and
               they
               all
               agree
               it
               is
               impossible
               they
               should
               all
               chuse
               Personally
               ;
               why
               they
               should
               not
               then
               chuse
               by
               their
               representatives
               ,
               I
               humbly
               leave
               to
               the
               judgment
               of
               this
               Honourable
               Court.
               
            
          
           
             
               Mr.
               Maynard
               .
            
             
               WE
               have
               taken
               up
               a
               great
               deal
               of
               time
               and
               patience
               ,
               I
               will
               repeat
               nothing
               of
               what
               hath
               been
               said
               ,
               only
               I
               think
               Mr.
               Wildman
               fears
               nothing
               of
               a
               popularity
               ;
               for
               the
               matter
               ,
               the
               measure
               is
               before
               you
               ,
               how
               long
               one
               ,
               how
               long
               another
               ,
               we
               differ
               upon
               the
               Records
               recited
               ,
               we
               think
               they
               are
               for
               us
               ,
               they
               think
               the
               contrary
               ;
               it
               lies
               in
               your
               judgments
               ,
               and
               the
               measure
               of
               time
               how
               much
               it
               is
               ;
               I
               am
               sure
               they
               cited
               no
               presidents
               before
               Edward
               the
               first
               's
               time
               ,
               and
               none
               since
               Edward
               the
               third's
               time
               ;
               somwhat
               was
               spoken
               of
               Henry
               the
               sixth
               ;
               I
               will
               not
               enter
               into
               a
               particular
               recapitulation
               ,
               but
               there
               hath
               been
               nothing
               of
               that
               I
               apprehend
               we
               have
               said
               ,
               but
               hath
               been
               answered
               only
               by
               the
               by
               ;
               and
               that
               which
               is
               the
               strength
               of
               that
               we
               rely
               upon
               ,
               hath
               been
               let
               go
               ,
               and
               some
               generals
               taken
               hold
               of
               only
               ;
               I
               shall
               give
               you
               but
               this
               observation
               ,
               that
               it
               is
               like
               enough
               the
               Mayor
               and
               Sheriffs
               ,
               the
               Chamberlain
               who
               is
               the
               keeper
               of
               all
               the
               wealth
               of
               the
               City
               ,
               and
               the
               great
               trust
               of
               the
               City
               reposed
               in
               them
               ,
               will
               much
               depend
               upon
               this
               string
               ;
               Two
               Gentlemen
               have
               here
               argued
               ;
               and
               observe
               it
               ,
               the
               one
               grants
               what
               the
               other
               will
               not
               ;
               we
               all
               agree
               ,
               and
               how
               they
               will
               agree
               when
               a
               great
               many
               comes
               together
               .
               I
               leave
               it
               to
               you
               to
               judge
               .
            
          
           
             
               Mr.
               Hales
               .
            
             
               Onely
               this
               ,
               Gentlemen
               ,
               some
               two
               or
               three
               little
               mistakes
               there
               have
               been
               :
               I
               think
               not
               that
               they
               are
               wilful
               .
            
             
             
               First
               of
               all
               ,
               Whereas
               they
               would
               offer
               it
               to
               you
               ,
               that
               the
               Words
               
                 of
                 all
                 the
                 Commonalty
              
               ,
               should
               be
               intended
               of
               the
               twelve
               men
               of
               the
               Wards
               ,
               that
               is
               mistaken
               :
               for
               ,
               Gentlemen
               ,
               it
               was
               in
               a
               case
               of
               a
               choice
               of
               Aldermen
               ,
               which
               is
               made
               by
               the
               Wards
               ,
               and
               is
               not
               made
               by
               twelve
               men
               ,
               as
               the
               very
               Record
               it self
               speaks
               ;
               and
               therefore
               that
               is
               misapplied
               .
               It
               is
               in
               case
               of
               a
               choice
               of
               Aldermen
               ,
               which
               is
               made
               by
               the
               Wards
               in
               their
               bulks
               ;
               and
               not
               in
               twelve
               men
               .
            
             
               And
               then
               next
               of
               all
               ,
               for
               the
               continual
               Usage
               ,
               they
               mistake
               in
               that
               ,
               For
               that
               Usage
               ,
               they
               give
               an
               instance
               in
               the
               third
               of
               King
               Edward
               the
               first
               ,
               till
               some
               later
               time
               in
               Edward
               the
               second
               ,
               and
               in
               the
               twentyeth
               of
               Edward
               the
               third
               :
               But
               from
               the
               twentyeth
               of
               Edward
               the
               third
               ,
               not
               any
               instance
               at
               all
               of
               Electing
               men
               out
               of
               Wards
               .
               That
               which
               they
               say
               now
               they
               are
               driven
               to
               it
               ,
               now
               they
               would
               indeed
               exclude
               the
               Common-Councel
               from
               having
               any
               voice
               of
               right
               .
               We
               say
               ,
               You
               do
               well
               .
               If
               the
               Common-Councel
               have
               no
               right
               ,
               then
               may
               the
               Livery-Men
               have
               no
               right
               neither
               ;
               for
               their
               Rights
               will
               stand
               and
               fall
               upon
               the
               same
               bottom
               .
               We
               say
               only
               this
               :
               For
               that
               Record
               of
               Henry
               the
               sixth's
               time
               ,
               it
               's
               nothing
               at
               all
               to
               the
               purpose
               ;
               for
               that
               is
               this
               ,
               That
               all
               those
               that
               were
               in
               the
               Common-Councel
               ,
               together
               with
               other
               persons
               that
               were
               called
               in
               ,
               either
               from
               the
               Wards
               or
               City
               ,
               be
               it
               which
               it
               will
               :
               there
               is
               no
               man
               doubts
               but
               most
               of
               the
               Liveries
               they
               live
               in
               the
               Wards
               ;
               and
               therefore
               it
               is
               not
               an
               Argument
               that
               they
               were
               not
               persons
               that
               were
               of
               the
               Wards
               .
               And
               whereas
               we
               have
               no
               footsteps
               of
               the
               Livery
               in
               Record
               ,
               it
               is
               true
               ,
               the
               stiling
               of
               the
               Record
               is
               not
               of
               the
               Liveries
               ;
               your
               Elections
               are
               not
               said
               to
               be
               by
               the
               Liveries
               at
               this
               day
               ,
               but
               by
               the
               Commonalty
               ,
               as
               it
               was
               neer
               two
               hundred
               years
               ago
               ;
               and
               yet
               in
               truth
               done
               by
               the
               Common
               Councel
               and
               Liveries
               ,
               so
               that
               all
               is
               one
               .
            
          
           
             
               Mr.
               Wild.
               
            
             
               My
               Lord
               ,
               I
               shall
               only
               desire
               Mr.
               Latham
               may
               read
               this
               Record
               in
               the
               twentyeth
               of
               Edward
               the
               third
               ;
               it
               is
               that
               whereupon
               I
               built
               my
               Argument
               ;
               that
               is
               ,
               Thus
               it
               was
               agreed
               by
               all
               the
               commonalty
               of
               the
               City
               ,
               that
               the
               Lord
               Mayor
               for
               the
               time
               being
               shall
               be
               chosen
               by
               twelve
               ,
               eight
               ,
               or
               six
               out
               of
               every
               Ward
               ,
               according
               to
               the
               greatness
               or
               bigness
               of
               the
               Ward
               .
               That
               must
               of
               necessity
               be
               the
               Common-Councel
               .
            
          
           
             
               Mr.
               Maynard
               .
            
             
               One
               thing
               I
               forgot
               in
               that
               ,
               That
               your
               Livery-Men
               come
               not
               by
               number
               ;
               Common-Councel-Men
               they
               are
               Summoned
               by
               a
               certain
               number
            
          
           
             ¶
             Here
             the
             Record
             was
             read
             .
          
           
             
               Mr.
               Hales
               .
            
             
               This
               is
               that
               we
               say
               ,
               and
               here
               we
               leave
               it
               .
               We
               say
               ,
               That
               that
               Reason
               that
               these
               Gentlemen
               do
               use
               upon
               their
               presidents
               in
               Edward
               the
               first
               's
               time
               ,
               and
               Edward
               the
               second
               's
               time
               ,
               is
               to
               exclude
               the
               Common
               Councel
               ,
               as
               well
               as
               the
               Common-Hall
               ;
               and
               we
               say
               ,
               that
               upon
               the
               same
               reasons
               they
               may
               exclude
               the
               one
               as
               well
               as
               the
               other
               .
               There
               is
               no
               mention
               made
               of
               the
               Common-Councel
               to
               have
               a
               voice
               in
               any
               of
               the
               Elections
               in
               Records
               ,
               and
               therefore
               they
               would
               exclude
               them
               .
               We
               say
               ,
               They
               do
               the
               Record
               and
               themselves
               wrong
               ;
               for
               though
               it's
               Truth
               ,
               there
               is
               mention
               made
               of
               the
               Mayor
               ,
               Aldermen
               ,
               and
               some
               others
               ,
               it
               is
               not
               exclusive
               ;
               for
               some
               others
               there
               might
               be
               ,
               and
               yet
               notwithstanding
               it
               is
               agreed
               that
               the
               Common-Councel
               may
               make
               an
               election
               ,
               and
               vote
               ,
               and
               are
               not
               excluded
               ;
               and
               therefore
               the
               Livery-Men
               may
               do
               the
               same
               .
               And
               
               when
               as
               it
               hath
               gone
               on
               so
               long
               ,
               and
               not
               been
               contradicted
               ,
               we
               hope
               you
               will
               continue
               on
               that
               continued
               course
               .
            
          
           
             
               Mr.
               Wildman
               .
            
             
               My
               Lord
               ,
               We
               still
               insist
               upon
               it
               ,
               that
               those
               presidents
               produced
               ,
               being
               for
               twelve
               men
               out
               of
               every
               Ward
               ,
               cannot
               probably
               be
               conceived
               to
               be
               the
               Common-Councel
               ;
               for
               how
               can
               we
               conceive
               that
               the
               Common-Councel
               ,
               at
               that
               time
               when
               the
               City
               was
               not
               a
               fourth
               part
               of
               what
               it
               is
               ,
               should
               consist
               of
               as
               many
               or
               more
               then
               it
               doth
               now
               ?
               But
               by
               the
               Record
               now
               read
               ,
               it
               appears
               ,
               that
               it
               was
               agreed
               that
               so
               many
               men
               of
               every
               Ward
               should
               come
               to
               the
               Election
               ;
               and
               then
               further
               agreed
               ,
               that
               every
               Alderman
               of
               every
               Ward
               should
               cause
               such
               a
               number
               ,
               a
               smaller
               number
               than
               the
               other
               ,
               to
               be
               chosen
               ,
               to
               be
               of
               the
               Common-Councel
               ;
               and
               't
               is
               not
               said
               that
               they
               should
               be
               the
               Electors
               .
               The
               Record
               speaks
               of
               two
               things
               agreed
               unto
               :
               First
               ,
               that
               one
               number
               of
               men
               should
               be
               Elected
               for
               the
               Wards
               ;
               Secondly
               ,
               that
               another
               number
               of
               men
               should
               be
               chosen
               by
               the
               Wards
               ,
               to
               consult
               ,
               as
               the
               Record
               saith
               ,
               
                 de
                 arduis
                 negotiis
              
               ,
               to
               consult
               about
               the
               hard
               matters
               that
               concerned
               the
               City
               .
            
             
               But
               suppose
               I
               should
               grant
               the
               learned
               Gentlemen
               of
               the
               other
               side
               that
               which
               they
               so
               much
               contend
               for
               ,
               viz.
               That
               the
               twelve
               men
               of
               the
               Wards
               ,
               mentioned
               in
               the
               Records
               to
               be
               the
               Electors
               of
               the
               Mayor
               ,
               were
               the
               Common-Councel
               ;
               and
               that
               ,
               as
               Mr.
               Wild
               would
               have
               it
               ,
               the
               twelve
               ,
               eight
               ,
               or
               six
               of
               every
               Ward
               ,
               that
               the
               Common-Hall
               agreed
               in
               the
               20
               of
               Edward
               3d.
               should
               be
               the
               chusers
               of
               the
               Mayor
               ,
               that
               those
               were
               the
               Common-Councel
               ;
               suppose
               this
               ,
               What
               advantage
               to
               their
               cause
               will
               the
               Gentlemen
               gain
               from
               thence
               ?
               The
               conclusion
               from
               thence
               would
               be
               ▪
               That
               the
               Common-Councel
               were
               the
               only
               Electors
               of
               the
               Mayor
               ;
               and
               what
               becomes
               of
               the
               Compa●●es
               Liveries
               ,
               for
               whose
               power
               in
               electing
               they
               plead
               ?
               And
               if
               it
               were
               the
               Common-Councel
               that
               were
               the
               electors
               ,
               it
               doth
               establish
               our
               foundation
               ,
               which
               is
               this
               ,
               That
               all
               those
               who
               are
               chosen
               by
               the
               Wards
               ,
               and
               do
               represent
               them
               ,
               ought
               to
               chuse
               the
               chief
               Officers
               of
               the
               City
               .
               And
               if
               the
               Wards
               would
               trust
               the
               Common-Councel
               onely
               to
               be
               the
               chusers
               now
               ,
               and
               declare
               it
               in
               the
               choice
               of
               them
               ,
               we
               should
               not
               oppose
               it
               .
            
          
           
             
               M.
               Maynard
               .
            
             
               Gentlemen
               ,
               I
               forget
               one
               word
               ,
               that
               M.
               Wildman
               was
               pleased
               to
               deliver
               for
               Law
               ,
               that
               you
               may
               believe
               ,
               if
               you
               think
               good
               ,
               
                 That
                 there
                 is
                 no
                 forfeiture
                 of
                 Charters
                 .
              
               Now
               what
               the
               Parliament
               may
               do
               under
               favour
               ,
               is
               no
               question
               ;
               but
               no
               doubt
               but
               there
               is
               forfeiture
               of
               Charters
               .
               And
               he
               saith
               ,
               
                 Twelve
                 Iudges
                 there
                 are
                 ,
                 and
                 but
                 few
                 of
                 them
                 agree
                 .
              
               You
               must
               be
               sure
               ,
               That
               it
               is
               the
               Judges
               part
               to
               judge
               your
               actions
               at
               last
               .
            
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A70490-e3390
           
             *
             Lib.
             C.
             Fo.
             41.
             
             Edw.
             1.
             
          
           
             *
             2
             Ed.
             1.
             fol.
             41.
             
          
        
      
    
  

