the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the 25th of november, 1689. 1689 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b01933 wing c1193 estc r171037 52211976 ocm 52211976 175544 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01933) transcribed from: (early english books online ; image set 175544) images scanned from microfilm: (early english books, 1641-1700 ; 2739:54) the case of william coryton, esq; for the burrough of michell in the county of cornwall. to be heard on monday the 25th of november, 1689. coryton, william, esq. 1 sheet ([1] p.) s.n., [london : 1689] caption title. publication data suggested by wing. imperfect: one word obliterated in ink. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -cornwall -early works to 1800. cornwall (england : county) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-09 mona logarbo sampled and proofread 2008-09 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of william coryton , esq for the burrough of michell in the county of cornwall . to be heard on monday the 25 th . of november , 1689. that a new writ being ordered to issue for the choice of a burgess to serve in parliament for the said burrough , in the stead of charles fanshaw , esq the said writ was accordingly taken out by the petitioner humphry courtney , esq or his agents , the twenty fifth , of june last , but detained in their own hands without delivering the same to the sheriff to be executed , although often thereunto requested , until about the eighteenth of september ; at which time the petitioner , and the said mr. coryton stood candidates , and the said mr. coryton was thereupon duely elected by the majority of the burgesses and inhabitants electors of the said burrough ; the said mr. coryton having twenty three votes , and the said mr. courtney but nineteen , as appeas by the poll. and the said mr. coryton was accordingly returned by the port reeve , the proper officer of the said burrough , and his indenture annexed to the said writ , and returned by the high sheriff . yet notwithstanding the faireness of such election , the said mr. courtney to put the said mr. coryton , to , further trouble and charges , hath 〈◊〉 presented a petition complaining of an undue and and false return , pretending that he had the majority of well quallified electors ; whereas in truth and in fact , the said mr. coryton was duely chosen and elected , as well by the majority of the said burgesses and inhabitants of the said burrough , as by the majority of the said burgesses and inhabitants of the said burrough paying scot and lot. all which the said mr. coryton will make out at the hearing before the committee . the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the 10th day of january. 1694 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02602 wing c970 estc r222070 52211923 ocm 52211923 175492 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02602) transcribed from: (early english books online ; image set 175492) images scanned from microfilm: (early english books, 1641-1700 ; 2739:2) the case of richard hutchinson, esq; against sir eliab harvey, return'd to serve as burgess for malden, in the county of essex, in the place of sir thomas darcy, deceased. appointed to be heard on the 10th day of january. hutchinson, richard, esq. 1 sheet ([1] p.) s.n., [london : 1694] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hutchinson, richard, -esq. -trials, litigation, etc. harvey, eliab, -sir -trials, litigation, etc. england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -essex (england) -early works to 1800. essex (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 emma (leeson) huber sampled and proofread 2008-05 emma (leeson) huber text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of richard hutchinson , esq against sir eliab harvey , return'd to serve as burgess for malden , in the county of essex , in the place of sir thomas darcy , deceased . appointed to be heard on the 10th day of january . sir eliab , according to the poll declared by the bayliffs of the town , had voices 159 richard hutchinson , esq 127 of these , sir eliab had free-men made contrary to a known , unrepealed by-law 73 the aforesaid richard hutchinson esq of such men , only 2 so that sir eliab had , legal voices , but 86 and the said richard hutchinson , esq 125 according to which , the abovesaid richard hutchinson esq had a true majority of 39 besides , sir eliab had minors 3 the said richard hutchinson esq had also a greater majority than as aforesaid , if the 16 clergy-men who voted for sir eliab , and the other free-men made on purpose to vote for him , since the death of sir thomas darcy , ( some of which were made since the delivery of the precepts ) were set aside . however , the foul and partial practices of the bayliffs , in giving honorary freedoms to them that would promise to vote for sir eliab , and denying freedoms to them who had right to be made free , unless they would make such promise ; and in delaying the election for near a month , at sir eliab's desire , in suffering him to appoint the hour of proceeding to a choice , and to govern the court at the poll , which was called over according to a list contrived to serve him , in over-ruling all just exceptions , and absolutely denying a scrutiny , though demanded , and insisted on : together with the bribery , menaces and force used on that side , it is conceiv'd , will be sufficient to make void sir eliab's election , if the aforesaid richard hutchinson , esq had not a true majority , as above . the case of the petitioners, william strode and john speke, esquires 1689 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b01921 wing c1135b estc r171018 52211964 ocm 52211964 175533 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01921) transcribed from: (early english books online ; image set 175533) images scanned from microfilm: (early english books, 1641-1700 ; 2739:43) the case of the petitioners, william strode and john speke, esquires strode, william, esq. speke, john. 1 sheet ([1] p.) s.n., [london : 1689] caption title. publication data suggested by wing. imperfect: one line blacked out in ms. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -somerset -early works to 1800. somerset (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 john pas sampled and proofread 2008-07 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of the petitioners , william strode and john speke , esquires . in the burrough of ivelchester , in somerset , it hath been the custom and usage , for only all house-keepers , to give votes for choosing members to serve in parliament . joseph winter , a barber , being baliff on the election day , did partially , contrary to the custom , when he had polled himself , and called for all that were polled for sir edward wyndham , baronet , and mr , william helyar , admitted of several non-residents , tablers and lodgers , amongst them , whereas they were all severally excepted against , by some of the inhabitants , to have no right ; alledging , that they did not rent houses , and could not be called house-keepers . whereupon , the petitioners clerk marked the names of fifteen of that poll he took when they were thus objected against : so afterwards , mr. strode and mr. spekes , voters , waiting in the hall , at length were allowed to poll for mr. strode . there were fifty two unquesionable house-keepers , whereof fifty were also for mr. speke ; but then , at last , some real house-keepers , who offered to poll for the petitioners , were refused . there are but fifty eight , on the poll , for sir edward wyndham and mr. helyar , whereof not above forty three are house-keepers neither have they there any freemen , or other electors , then house-keepers , who are not effectively one hundred in all the burrough ; so that the petitioners will plainly prove , a good majority of the said house-keepers , as they now stand on the poll , without adding those who were refused them ; and consequently , the petitioners are duely chosen . as for the charter , it gives none any right to choose members for parliament , it only makes a corporation consisting of a baliff and twelve capital burgesses : and by the express words of the said charter , the baliff , and said capital burgesses , upon death or removal of any , they are required to go to a new choice of some inhabitant to be a capital burgess : altho' , contrary hereunto , the balisf and burgesses of late years , have elected four gentlemen , non-residents , and did allow one of those gentlemen to be their baliff , for some years successively whilst living at least three miles then out of their burrough . a proclamation for the speedy calling of a parliament james r. england and wales. sovereign (1685-1688 : james ii) 1688 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). a46580 wing j360 estc r21162 12566202 ocm 12566202 63342 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46580) transcribed from: (early english books online ; image set 63342) images scanned from microfilm: (early english books, 1641-1700 ; 962:3) a proclamation for the speedy calling of a parliament james r. england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) re-printed by the heir of andrew anderson ..., edinburgh : 1688. reproduction of original in huntington library. broadside. at head of title: "by the king." at end of text: "given at our court at whitehall the 30th day of november, 1688." created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -great britain -early works to 1800. broadsides 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 pip willcox sampled and proofread 2008-08 spi global rekeyed and resubmitted 2009-01 megan marion sampled and proofread 2009-01 megan marion text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion by the king , a proclamation . for the speedy calling of ● parliament . james r. we have thought fit , as the best and most proper means to establish a lastin peace in this our kingdom , ●o call a parliament , and have therefore o●dered our chancellor to cause ●rites to be issued forth for summoning 〈◊〉 parliament to meet at westminter , upon the fifteenth day of january next ensuing the date of this our royal proclamation . and that nothing may b● wanting on our part towards the freedom of elections , as we have already restored all cities , towns corporate , and burroughs throughout our kingdom , to their ancient charters , rights and priviledges ; so we command and require all persons whatsoever , that they presume not by menace , or any other undue means , to influence elections or procure the vote of any elector . and we do also strictly requi●● and command all sheriffs , mayors , bailiffs , and other officers to whom the execution or return of any writ , summons , warrant , or precept for members to the ensuing parliament shall belong , that they cause such writ , summons , warrant and precept to be duly published and executed , and returns thereupon to be fairly made according to the true merits of such elections . and for the security of all persons both in their elections and service in parliament , we do hereby publish and declare , that all our subjects shall have free liberty to elect , and all our peers , and such as shall be elected members of our house of commons , shall have full liberty and freedom to serve a●d sit in parliament , notwithstanding they have taken up arms , or committed any act of hostility , or been any way aiding or assisting therein . and for the better assurance hereof , we have graciously directed a general pardon to all our subjects to be forthwith prepared to pass our great seal . and for the reconciling all publick breaches , and obliterating the very memory of all past miscarriages , we do hereby exhort , and kindly admonish all our subjects , to dispose themselves to elect such persons for their representatives in parliament , as may not be by assed by prejudice or passion , but qualified with parts , experience and prudence proper for this conjuncture , and agreeable to the ends and purposes of this our gracious proclamation . given at our court at whitehall the 30th day of november , 1688. in the fourth year of our reign . god save the king . edinburgh , re-printed by the heir of andrew anderson , printer to his most sacred majesty : anno dom. 1688. by the king a proclamation for the speedy calling of a parliament. proclamations. 1688-11-30 england and wales. sovereign (1685-1688 : james ii) 1688 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a46579 wing j358 estc r216069 99827821 99827821 32244 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46579) transcribed from: (early english books online ; image set 32244) images scanned from microfilm: (early english books, 1641-1700 ; 1852:16) by the king a proclamation for the speedy calling of a parliament. proclamations. 1688-11-30 england and wales. sovereign (1685-1688 : james ii) james ii, king of england, 1633-1701. 1 sheet ([1] p.) printed by charles bill, henry hills, and thomas newcomb, printers to the kings most excellent majesty, london : 1688. "parliament is to meet at westminster 15 january next. free liberty to elect. general pardon to all subjects under great seal to pass. recommendations as to character of persons to be chosen." -steele. "given at our court at whitehall the thirtieth day of november. 1688.". steele notation: peace and proper; arms 103. reproduction of the originals in the bodleian library (early english books) and the british library (misc. brit. tracts). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -great britain -early works to 1800. great britain -history -james ii, 1685-1688 -early works to 1800. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-02 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion honi soit qvi mal y pense diev et mon droit by the king , a proclamation for the speedy calling of a parliament . james r. we have thought fit , as the best and most proper means to establish a lasting peace in this our kingdom , to call a parliament , and have therefore ordered our chancellor to cause writs to be issued forth for summoning a parliament to meet at westminster , upon the fifteenth day of january next ensuing the date of this our royal proclamation . and that nothing may be wanting on our part towards the freedom of elections , as we have already restored all cities , towns-corporate , and boroughs throughout our kingdom , to their ancient charters , rights and priviledges ; so we command and require all persons whatsoever , that they presume not by menace , or any other undue means , to influence elections , or procure the vote of any elector . and we do also strictly require and command all sheriffs , mayors , bailiffs , and other officers to whom the execution or return of any writ , summons , warrant or precept for members to the ensuing parliament shall belong , that they cause such writ , summons , warrant and precept , to be duly published and executed , and returns thereupon to be fairly made according to the true merits of such elections . and for the security of all persons both in their elections and service in parliament , we do hereby publish and declare , that all our subjects shall have free liberty to elect , and all our peers , and such as shall be elected members of our house of commons ; shall have full liberty and freedom to serve and sit in parliament , notwithstanding they have taken up arms , or committed any act of hostility , or been any way aiding or assisting therein . and for the better assurance hereof , we have graciously directed a general pardon to all our subjects to be forthwith prepared to pass our great seal . and for the reconciling all publick breaches , and obliterating the very memory of all past miscarriages , we do hereby exhort , and kindly admonish all our subjects , to dispose themselves to elect such persons for their representatives in parliament , as may not be byassed by prejudice or passion , but qualified with parts , experience and prudence proper for this conjuncture , and agreeable to the ends and purposes of this our gracious proclamation . given at our court at whitehall the thirtieth day of november . 1688 . in the fourth year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . 1688. the case of robert balch of bridgwater gent., sitting member of parliament for the borough of bridgwater, in the county of sommerset, petitioned against by john gardner of london merchant. 1692 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b02603 wing c973 estc r170971 52211924 ocm 52211924 175493 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b02603) transcribed from: (early english books online ; image set 175493) images scanned from microfilm: (early english books, 1641-1700 ; 2739:3) the case of robert balch of bridgwater gent., sitting member of parliament for the borough of bridgwater, in the county of sommerset, petitioned against by john gardner of london merchant. balch, robert. 1 sheet ([1] p.) s.n., [london : 1692] caption title. publication data suggested by wing. dated at end: to be heard before the committee of elections on friday the 2nd of december, 1692. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng balch, robert -trials, litigation, etc. gardner, john, 17th cent. -trials, litigation, etc. england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -bridgwater -early works to 1800. bridgwater (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 mona logarbo sampled and proofread 2008-05 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of robert balch of bridgwater gent. sitting member of parliament for the borough of bridgwater , in the county of sommerset , petitioned against by john gardner of london merchant . that the said borough of bridgwater did for a long time , viz. from the latter end of the reign of king james the i. elect and choose members in parliament by the common council consisting of twenty four till the year 1679. that from that time the manner of election of members for the said corporation hath been changed on a dispute between sir francis roll and colonel ralph stawell for the right of electon which was heard before a committee of parliament 1679. where sir francis roll , who was chosen by the inhabitants paying scot and lot , was voted duely elected , that ever since that method of electing hath been used , viz. by the voices of all the inhabitants within the said borough , that at the time of election stands rated and paid on the poors book , and no other votes allowed , nor never till now attempted , as can easily be made out by the election of sir francis roll , colonel stawell , sir halswell tynt , sir francis warr , and others . that on the death of mr. bull the last member , a writ issued out for choosing another in his room and place , and due notice was publickly given of the time and place of execution of the said writ , and the court being assembled in the guild-hall , where mr. gardner the petitioner was present ; the mayor and aldermen called for the overseers of the poor , ( one of whom was for the petitioner , ) and appointed them , ( one with the original book , and the other with a duplicate thereof ) to attend the election at the high cross to decide any difference that might arise on the election . that this poors book was made in the life time of mr. bull , and was no way altered nor any person added or diminished . that accordingly the election began , and a poll prayed and taken by two indifferent persons agreed on . that none but those who were and stood charged in the poors book , and had paid , attempted to poll till towards the end of the poll. that the petitioner ( who all along kept an account of the number of the voices and the equallity ) finding that his number of voices was inferiour to mr. balches , he thereupon procured some persons who were not charged in the poors book to poll for him , but were refused , on which he grounds his petition . that proclamation was several times made , and the books continued open for some considerable time after , and none qualified to vote coming in , the poll was shut up and adjourned back again to the guild-hall , where were two persons of each side agreed upon to inspect the poll , and on casting up the said poll , the majority of voices were found to be for the said mr. balch , who was thereupon declared and returned by the mayor of the said borough . to be heard before the committee of elections on friday the 2d . of december , 1692. to the lord mayor and court of aldermen of the city of london. 1682 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a94557 wing t1563a estc r213567 43077691 ocm 43077691 151802 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94557) transcribed from: (early english books online ; image set 151802) images scanned from microfilm: (early english books, 1641-1700 ; 2277:14) to the lord mayor and court of aldermen of the city of london. city of london (england). lord mayor. city of london (england). court of aldermen. 1 sheet ([1] p.) printed for e. smith at the elephant and castle in cornhil, london, : 1682. reproduction of original in: henry e. huntington library and art gallery, san marino, california. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -england -london -early works to 1800. sheriffs -england -london -early works to 1800. broadsides -london (england) -17th century. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-08 mona logarbo sampled and proofread 2007-08 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the lord mayor and court of aldermen of the city of london . it having been ever since the reign of king john the undoubted right of the citizens of london to chuse out of themselves two sheriffs for the city of london and county of middlesex , which right hath been confirmed to them by several acts of parliament ; and whereas the citizens of london assembled in a common-hall on the 24 th day of june last past , did according to ancient custom , by majority of votes , then elect thomas papillon and john dubois merchants , to be sheriffs of the said city of london and county of middlesex for the year ensuing ; we inhabitants and freeholders of the county of middlesex , in behalf of our selves and others freeholders and inhabitants of the said county , have thought it our duty to desire your lordship and this court to summon the said thomas papillon and john dubois to appear before you , and then according to ancient usage require them to enter into bonds for holding the office of sheriffs of london and middlesex for the ensuing year ; and in case they shall be contented to give bond for fo doing , that then they the said thomas papillon and john dubois , who have been according to the city charter duely elected sheriffs of london and middlesex , may have the usual oaths administred to them which they ought to take for the due execution of their office ; and that no other persons upon any pretence whatsoever , who have not been duely elected by majority of votes , may be admitted or sworn by your lordship or this court to execute the office of sheriffs of london or middlesex , it being absolutely contrary to your oaths and the charter of the city ; and seeing our lives and fortunes are so highly concerned in the due execution of the laws , of which none but duely elected sheriffs can be legal executors ; we think it necessary to represent to your lordship and this court , that many and great disorders and dangers are like to fall not only upon the city of london and county of middlesex , but likewise on the whole kingdom , if any persons who have not been rightfully chosen by the major part of the citizens of london qualified to elect , should be admitted or sworn sheriffs , because the law accounts such persons capital offenders , who shall under pretence of being sheriffs of london and middlesex , ( but indeed are not legally so ) presume to dispose of our lives and estates . we therefore desire your lordship and this court to take into your serious consideration our just and necessary desires in this particular , which is of so great importance to the whole kingdom ; and make bold to tell your lordship and this court , that all the fatal consequences which shall happen by your not doing what justice in this case requires of you , will be laid at your doors . london , printed for e. smith at the elephant and castle in cornhil . 1682. the case of sir william portman, and john sandford, esq; burgesses for the burrough of taunton. 1689 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b01891 wing c1004 estc r170986 52211936 ocm 52211936 175504 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01891) transcribed from: (early english books online ; image set 175504) images scanned from microfilm: (early english books, 1641-1700 ; 2739:14) the case of sir william portman, and john sandford, esq; burgesses for the burrough of taunton. portman, william, sir. sandford, john, fl. 1689. 1 sheet ([1] p.) s.n., [london : 1689] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng portman, william, -sir -trials, litigation, etc. sandford, john, fl. 1689 -trials, litigation, etc. england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -taunton -early works to 1800. taunton (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 emma (leeson) huber sampled and proofread 2008-06 emma (leeson) huber text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of sir william portman , and john sandford , esq burgesses for the burrough of tavnton . the said burrough is but a part of one of the parishes of taunton , to which three other parishes lie contiguous , by reason whereof the inhabitants ( being more numerous than the potwallers ( the name by which the electors are known ) use to be the occasion of disturbances at the poll : and therefore before , and at the election , sir william portman , and mr. sandford took what care they could to prevent such disturbances . on friday the 11th , of january , the mayor ( having made a place for himself , and the officers with mr. roe and mr. purchase for sir william portman , and mr. sandford : and mr. baker and mr. wey for mr. trenchard , &c. to take the poll , and also a bar to let in the potwallers , and to keep out those who had no voices ) proceeded quietly for some time ; at length , after some disturbances begun , upon mr. trenchards desire the mayor adjourned for an hour , and then returned and continued the poll peaceably , polling on both sides , till almost night , and then adjourned till next morning , stayed two hours on the place , and by open proclamations , called for mr. trenchards friends to vote , but none coming , shut up the poll , and proclaimed sir william portman and mr. sandford to be the burgesses . as to the complaint by the petition concerning the disturbance and souldiers , the truth is . that some leading men of mr. trenchard's party , that were dissatisfied with this election , and their abettors , having invited mr. trenchard to stand ; and having not votes enough to carry it for him , were the occasion of the disturbances ; in this manner . first within the bar , by fighting without sticks , and then without the bar , by provoking and railing speeches , and by fighting with sticks , and threatning the mayor and gentlemen as they went home towards his house after the adjournment , that if mr. trenchard was not chosen , they would have the blood of some of them . which disturbances they also repeated , after the mayors return to the poll. also by untrue allegations of pretended dangers , they disswaded mr. trenchard from returning to the poll , or sending his voters thither , both after the first adjournment and the next morning , when all was quiet . and by many other unfair practises ; as before the poll , by threatning to send in people to get it for mr. trenchard , if not by fair means by force : and since the poll , by offering mony to perswade people to come to london to be witnesses against sir william and mr. sandford , of things they never knew ; and by threatning several poor people , to turn them out of work , only in case they voted for sir william portman and mr. sandford , which since they have done accordingly . as to the pretence of any thing done by souldiers , the truth is ; about twelve inhabitants potwallers of taunton , who had taken up arms for the prince of orange in collonel lutterells regiment , having left their wives and families in taunton , by leave from their officers , came without their arms , in peaceable manner to the election , and gave their votes for sir william portman and mr. sandford , as they had done , at other elections . the speech of sr. richard ford, knight, and alderman of london made at guild-hall to the liveries of the several companies of that city, on michaelmass day, 1670, upon their election of him to be lord mayor of the same city for the year ensuing / taken in short-hand writing by a person then present. ford, richard, sir, d. 1678. 1670 approx. 4 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a39902 wing f1472 estc r37348 16396632 ocm 16396632 105351 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a39902) transcribed from: (early english books online ; image set 105351) images scanned from microfilm: (early english books, 1641-1700 ; 1092:10) the speech of sr. richard ford, knight, and alderman of london made at guild-hall to the liveries of the several companies of that city, on michaelmass day, 1670, upon their election of him to be lord mayor of the same city for the year ensuing / taken in short-hand writing by a person then present. ford, richard, sir, d. 1678. [2], 5 p. printed for n.b., london : 1670. reproduction of original in the huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -england -london. mayors -england -london. london (england) -history -17th century. 2006-12 tcp assigned for keying and markup 2006-12 apex covantage keyed and coded from proquest page images 2007-01 mona logarbo sampled and proofread 2007-01 mona logarbo text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the speech of s r richard ford knight , and alderman of london : made at guild-hall to the liveries of the several companies of that city , on michaelmass day , 1670. upon their election of him to be lord mayor of the same city for the year ensuing . taken in short-hand writing by a person then present . london , printed for n. b. 1670. the speech of sir richard ford knight , and alderman of london : made at guildhall to the liveries of the several companies , &c. gentlemen , if i should tell you , that this election of me to this great office was to me very much unexpected , i should tell you nothing but a very great truth , and ( if you believe that ) then you will easily apprehend , that the work of this day hath put me to a great surprize ; therefore you cannot reasonably expect that i should entertain you , either with a long , or well concocted discourse ; i know according to custom ( and custom prescribed by book ) i am ( to do that which i own to be my duty too , that is ) to give you thanks , which i do with all my heart , and that to every individual person ; and first to those that have had the charity for me , as to think me in some degree capable for the manage of this great trust ; and for those that had the charity to have prevented me from an office of so great burthen , they shall not go away without a share of my thanks , i do also thank them ; and i shall be very heartily glad , that this little beginning of union of you in my thanks , may be the introduction to a perfect reconciliation of all those unhappy differences which have of late so much distracted both the councils and actions among all the degrees of citizens . you have been pleased to call me to an office , the burthen of which i always apprehended ( even in the most peaceable times , and greatest union of the hearts of the citizens ) did require a person of the greatest abilities that ever this city bred , but i tremble to think what an insupportable burthen ( and how impossible ) it will be for you and me to render our duties either to god , the king , or this great city , unless it please god to make up those breaches and animosities , which gods just judgments ( for our sins ) have lately laid upon us ; i do readily submit to the call of god by you , and will endevour by my councils and actings , to leave you at the latter end of my year , in a more perfect knot of unity . i am more conscious to my self of my own weakness , than to be an undertaker ; and i would not put my self under a promise , of which i have not a very near prospect of abilities to perform ; and therefore i shall not promise you much of my self , only thus much i do , in the presence of god , engage my self , that in the execution of this office , i shall endevour so to comport my self , as that i may prove an instrument of peace amongst all the citizens of london , as far as i can ; and i shall neither sharpen the edge of the sword ( when it comes to my hand ) to chastise any man beyond the intention of the law , for any disrespect that i may have for his person , or his principles ; nor blunt the edge of it , for fear or favour of any of his majesties subjects ; and by the grace of god ( as far as he shall enable me ) i shall in all things endevour , to perform my duty to god , the king , and this city , and in that , give you a real thanks for the honour of this day . finis . the case of the right honourable william harbourd, esq; and sir francis guybon, knight, chosen members for thr burrough of thetford, to serve in this present parliament. 1690 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b01927 wing c1158 estc r227931 52211969 ocm 52211969 175539 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01927) transcribed from: (early english books online ; image set 175539) images scanned from microfilm: (early english books, 1641-1700 ; 2739:49) the case of the right honourable william harbourd, esq; and sir francis guybon, knight, chosen members for thr burrough of thetford, to serve in this present parliament. harbourd, william, esq. guybon, francis, 1673-1751. 1 sheer ([1] p.) s.n., [london : 1690] caption title. publication data suggested by wing. ms. notes in left margin. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -thetford -early works to 1800. thetford (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-06 john pas sampled and proofread 2008-06 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the case of the right honourable william harbourd , esq ; and sir francis guybon , knight , chosen members for the burrough of thetford , to serve in this present parliament , the burrough of thetford is an ancient burrough ; and by prescription sends two burgesses to represent them in parliament . the right honourable william harbourd , esq ; and sir francis guybon are chosen and return'd by the old corporation and sir joseph williamson , knight , and adam felton , esq ; by the new one. in the 16th . of queen elizabeth , the burrough of thetford was incorporated by the name of the mayor , ten principal burgesses and twenty commoners . it was directed in the said charter , that the mayor and commoners should , the wednesday next before michaelmas day in every year , between nine and eleven in the morning , meet in the guildhall , or some convenient place in the said burrough , and there name two of the chief burgesses to the inhabitants , who are to elect one of them to be mayor for the year ensuing . note , under this constitution it continued till 1681. at which time john mendham was mayor , who having got an acquaintance with sir lionel jenkins , then principal secretary of state to king charles the second , did in the same time of his mayoralty , endeavour to incline the corporation , to chuse such men to represent them as would serve the designs then on foot ; but finding he could have no influence over them , and that the time of his mayoralty was almost expired ; did on the election day , being wednesday before michaelmas , absent himself till he thought the time of election was over , thinking thereby to make void the election . yet notwithstanding , the commonalty did assemble themselves , and did name two of the principal burgesses to be mayor for the year ensuing , of whom wormly hethersett ( being one ) was elected and declared mayor . about eleven of the clock , mendham ( who had absconded himself ) came and appeared , and being told they had made choise of hethersett , seemingly approved of it , and made an excuse that he did not come sooner . nevertheless mendham ( although hethersett had often applied himself to him ) refused to swear him mayor as he ought to have done ; and although several mandamus's were sent to him ( out of the king's bench ) injoyning him to do the same , yet he disobeyed them all . whereupon he was brought up the next term by a tipstaff to answer his contempt , and was committed in custody to the tipstaff , from whom he got away and rid down post to thetford , and there called together such of the burgesses , as were of his party , who disfranchized two of the members that were not of their stamp , and swore two new ones in their places , the one of whom stood at that time excommunicated , and the other mendham's son , who was not above sixteen years of age , and who did immediately vote a surrender of the charter , which they but just before swore to maintain , and it was accordingly surrendred and inrolled in chancery . afterwards mendham solicites and gets a new charter , wherein himself is made mayor , and such others added to him , as would serve the intent of a surrender . note , that at thelast session of parliament , in a hearing before the committee of elections , concerning those that were chosen by vertue of the new ; and those that were chosen by vertue of the old charter : the committee did declare , that notwithstanding the surrender and inrollment ; those that were returned by vertue of the old charter were duly returned . and upon report thereof the house did unanimously agree with the committee . the case of the honourable fytton gerard esq; returned to serve in parliament for the borough of clitheroe, against john weddall esq; appointed to be heard on the 15th day of this instant january. 1694 approx. 9 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b01906 wing c1088 estc r205801 52211950 ocm 52211950 175520 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01906) transcribed from: (early english books online ; image set 175520) images scanned from microfilm: (early english books, 1641-1700 ; 2739:30) the case of the honourable fytton gerard esq; returned to serve in parliament for the borough of clitheroe, against john weddall esq; appointed to be heard on the 15th day of this instant january. macclesfield, fitton gerard, earl of, 1664 or 5-1702. 1 sheet ([1] p.) s.n., [london : 1694] caption title. publication data suggested by wing. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng macclesfield, fitton gerard, -earl of, 1664 or 5-1702 -trials, litigation, etc. weddell, john, 1652 or 3-1703 -trials, litigation, etc. england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -clitheroe -early works to 1800. clitheroe (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-11 mona logarbo sampled and proofread 2008-11 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of the honourable fytton gerard esq returned to serve in parliament for the borough of clitheroe , against john weddall esq appointed to be heard on the 15th day of this instant january . mr. wilkinson , uncle to mr. weddall , designing ( as appears by many of his , and his agents foul practices ) to make a return of his nephew to serve in parliament for the said borough , in the room of anthony parker esq put in to be chosen one of the bayliffs of the town , and treated for that purpose , as since , and before , he has been at the whole charge for mr. weddall , whom he set up to be recorder of the town ; and by the voices of a few , without the consent of the majority of the burgesses and freemen , he got him declared recorder , and sworn clandestinely in an alehouse . the next point which they thought essential to gain to serve their turn , was to keep men off from being found by a jury according to custom to have right to be burgesses or freemen ; in order to which , some of the jury were practiced upon to absent themselves , and force was used , so that there could not be a full jury , though the fore-man , with others , met and stayed in the court some hou●s , and several summons were sent to the rest , who were fined for their non-appearance . upon which the court was adjourned to the next day , but chippendale , one of the bayliffs , pretended to have dismiss'd the enquiry jury , tho' without the consent , or privity of mr. stock the other bayliff , and without causing proclamation to be made of the dismission , by colour only of an instrument signed out of court by mr. chippendale , which mr. weddall sitting as recorder , ordered to be read : by which trick several who had right to vote in the choice of bayliffs , and had offered their deeds to evidence their right , were not found by the jury , but their votes , though they had a right , were denied at the election of bayliffs : notwithstanding which mr. mainwaring , a gentleman of four or five hundred pounds a year , within a mile of the place , besides houses in the town , and a good estate in the county , and in cheshire , was in his absence , without his seeking , or privity , duly chosen out bayliff , whose place has always been accounted the chief . mr. mainwaring soon after offered himself to be sworn according to the custom , but being refused , he brought two successive mandamus's from the king 's bench , which were disobeyed : and mr. wilkinson , though never chosen , pretending that mr. mainwaring was incapable , as being under age , was sworn by mr. lister , who himself had been sworn but by one bayliff , though the custom requires that both the old bayliffs , if alive and well , should joyn in administring the oath . upon this mr. wilkinson took upon him to act as out-bayliff , and he and mr. lister , that they might discourage and strike a terrour into those who had declared for mr. gerard , came with ambrose pudsey esq thomas lister esq and others arm'd into a publick house , where some of mr. gerard's friends were peaceably drinking together , and fell violently upon them : thomas lister esq and ambrose pudsey esq set pistols to the breasts of several of them , and mr. john lister bayliff , threw one of them to the ground , and trampled upon him , and for this the pretended bayliffs mr. wilkinson and mr. lister committed them to prison , and ordered them to be laid in a dungeon , without any warrant or mittimus . after this , several who had right , some to burgages , others to freedoms , proffered themselves at several court days to be admitted and sworn , but were refused : whereupon they brought several writs of mandamus , but to defeat them of the advantage thereof , and their votes at the said election , no return has been made of either of the said mandamus's . a writ for the choice of a burgess being delivered to the high sheriff , he being informed of these irregularities , himself carryed his precept for an election , and coming to the town on the 24th of november , sent to speak with mr. lister , who declined speaking with him , but being acquainted by the under sheriff , while mr. wilkinson was by , that a precept was brought for electing a burgess , mr. lister , with some burgesses , and mr. wilkinson's clerk , without his master , came to the sheriff , who in presence of a great many of the burgesses , demanded who was the out-bayliff , and they cryed out , mr. mainwaring is our out-bayliff . upon this the high sheriff delivered the precept to mr. mainwaring , and mr. lister , as bayliffs of the town , and told them he expected a return of it : and mr. mainwaring ask't mr. lister when they should meet with some of the burgesses to consider of a day for the election ; but he , notwithstanding he had been sollicited with all civility by mr. mainwaring , refused to joyn ; upon which , on the 25th of november , mr. mainwaring meeting with several of the burgesses , by their advice appointed the election to be on the 30th , and caused it to be proclaimed in two places of the town , upon a market day , and published papers to the like effect : but mr. wilkinson and mr. lister , in contempt of the precept , caused proclamation to be made by way of countermanding the election . when the day of election came , mr. mainwaring came to the town-hall , and to prevent disorders adjourned into a penthouse in the open street where the precept was read : but mr. lister who was persent , being desired by mr. mainwaring to joyn with him , without proclamation pronounced , the court adjourned to the town hall , where he proceeded without a precept , to have a poll taken for mr. weddall , while mr. mainwaring with the precept , proceeded on to the election : and though mr. lister admitted persons unqualified , to vote for mr. weddall , mr. gerard had the majority : therefore the sheriff annexed to the precept an indenture signed by mr. mainwaring and several of the burgesses who chose mr. g●rard . this mr. weddall complains of as irregular , upon pretence that mr. mainwaring was not a legal bayliff , being under age. the constitution of the borough of clitheroe , with the right of elections for bayliffs , or members of parliament . this borough consists of two bayliffs , and burgesses , and freemen . the bayliffs are chosen out of the burgesses by the burgesses and freemen . the burgesses are such as have free burgages within the borough , and they are of two sorts , viz. out-burgesses , and in-burgesses . the out-burgesses are such as have a house or land in borough tenure , and pay borough rent , but are resident , and inhabiting out of the borough . the in-burgesses are such as are so intitled , and are resident and inhabiting within the said borough . the freemen are such as are tenants to some burgess , that is owner of some messuage or burgage , house or lands which pays some part of the borough rent . there is , and has been time out of mind within the said borough an enquiry jury impannell'd in january or february every year , whose duty and business it is ( amongst other things ) to find all persons that offer themselves , and shew a sufficient right to be burgesses or freemen , and to present them as such to the bayliffs , who ought thereupon to admit and swear them , as has been always accustomed ; and this jury is used to be adjourned from court to court as occasion requires , and is continued or dismist at discretion of the bayliffs . in case of the elections for bayliffs , or members of parliament , they are chosen by burgesses and freemen , and if the burgess appear and vote , the freeman , his tenant , cannot vote for the same burgage , but if the burgess vote not , then , in his stead , his tenant as freeman may . where a burgess hath several burgages , he can but vote for one , and his tenants as freemen for the rest . for free borough land none can vote but the landlord himself . the case of thomas christy of bedford, esquire 1690 approx. 10 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b01932 wing c1184 estc r171034 52211974 ocm 52211974 175543 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b01932) transcribed from: (early english books online ; image set 175543) images scanned from microfilm: (early english books, 1641-1700 ; 2739:53) the case of thomas christy of bedford, esquire christy, thomas. 1 sheet ([1] p.) s.n., [london : 1690] caption title. publication data suggested by wing. dated at end: to be heard on friday the 4th of april. reproduction of the original in the lincoln's inn library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. -house of commons -contested elections -early works to 1800. elections -corrupt practices -england -bedford -early works to 1800. bedford (england) -politics and government -17th century -early works to 1800. broadsides -england -17th century. 2008-03 tcp assigned for keying and markup 2008-09 spi global keyed and coded from proquest page images 2008-11 mona logarbo sampled and proofread 2008-11 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the case of thomas christy of bedford , esquire . the precept for the choice of two burgesses for bedford , was made by the sheriff , and delivered to the mayor the 18th day of february , who kept the same in his hands above 14 days , viz. until the 5th of march before he would execute it , allthough mr. christie sent daily to him to know what day he would appoint , that his friends might not be surprized , and all the answer he would give , was that he should have legal notice by proclaiming the same , which was not till monday evening , and the election on wednesday after . and altho' the mayor took so much time , yet he chose to appoint the election upon ashwednesday , a solemn fast-day , knowing it would please the anabaptists and other dissenters , who are numerous in that town , ( and were all of them , and also the regulators for sir william francklynn ) but would be an offence to the church men , for that the ministers of the five parishes there , could none of them performe their duties in the churches on that day , the whole town attending the election . whether that delay was made at the instance of sir william francklin , who lodged at the mayors house all the while and spent profusely , or that the mayor being a common brewer , and serving a great part of the inns and alehouses of the town , for his private lucre , may be a question . but it is certain , that the mayor was wholy directed by him in all things touching the election , both before , at , and after the same , and would not appoint a time , until mr. christy ( being loaded with libels and slanders , and other illegal practices ) they thought themselves secure of the greatest number of voters . note , that all precepts are directed to the mayor and bayliffs , but the mayor would not shew the precept to mr. robert thomas the eldest bayliff , who had equal power with the mayor , nor acquaint him with the day of election or any other of his proceedings . upon ash-wednesday ( the day of election ) the four candidates , were sir anthony chester , barronet , sir william francklyn , knight , thomas hillersdon and thomas christie , esquires : sir william francklyn , and mr. hillersdon , having joyned their interest from the beginning : and five persons were appointed by the mayor ( by consent of the candidates ) to take the polls , viz. one for each candidate , and another for himself , who poled all that day , and on the next day till noon , and then no more persons coming to vote on any side , after three proclamations the poll was closed , and the mayor adjourned the finishing the election , unto the swan-inn ( the treating-house of sir william francklyn ) at three of the clock in the afternoon , at which time , john backwel , esquire , a member of parliament , was nominated to be a teller for sir anthony chester , john hervey , esquire , for mr. christie , and then sir william francklyn , and mr. hillersdon , being desired to name their tellers , they refused to nominate any . the eldest bayliff desired they might proceed to finish the election : but the mayor and the other bayliff by direction of sir william francklyn , adjourned the telling and examining the poll untill friday the morrow seavenight after , to the same place , refusing to give any reason , though the said mr. backwell and mr. hervey declared they should be out of the country at that time . at which friday , mr. christie , demanded that the polls might be opened , examined and compared one with another . that the number of votes for each candidate might be counted , and that they who had the majority should be proclaimed . that each candidate should have one of the five polls that were taken , or coppies thereof . all which , were desired by the eldest bayliff also , but denyed by the mayor at the instigation of sir william francklyn , who told the mayor that he was the sole judge of the matter , and might if he pleased count the polls in private , and declare who were to be returned , whereupon the mayor adjourned again until the next day to the same place , at which time mr. christie repeated his former demands , and the mayor unsealed the polls , giving out two of the originals to the persons who took them , but refused to compare them or count the numbers , or proclaim those who had the majority , but kept the other three polls himself unsealed , and adjourned until the tuesday after , at three of the clock in the afternoon , being but one whole day before the sitting of the parliament ; pretending that he would make a scrutiny for unqualified voices , but was told , that he assumed the business and authority of the comittee of elections , and that it was not in his power to expunge whom he pleased , and was asked what the qualifications were , and what did disable any to vote , which he refused to declare , and was told by mr. christy , that then it was impossible to be prepared , to prove the legality of the electors voices , and although the electors with much importunity , pressed the mayor to proclaim those who were chosen , yet he refused and adjourned to tuesday as aforesaid , when he knew that mr. christy would be out of town , and on the rode for london , to attend the publick service ; and in his absence , the mayor and one of the bayliffs have returned sir william francklyn and mr. hillersdon , altho' it appeared upon counting of the polls , that sir william francklyn had 249 voices , mr. hillersdon 284 , and mr. christie 291 voices , so as mr. christie had the majority of all the candidates , and 42 voices more than sir william francklin . note , that on monday morning , the mayor sent for such persons as he pleased to his own house , ( who all had voted for sir william francklyn ) and in their presence , without giving notice to mr. christie , had expunged out of the poll , a great number of mr. christies voices , and refused to give unto the said eldest bayliff , who demanded the same , ( and who was also to make a return ) the names of the persons which he had so put out of mr. christies voters , or the reasons why he did so : whereupon the eldest bayliff ( finding that mr. christy had the majority of voices by above forty , proclaimed mr. hillersdon and mr. christie , and sealed an indenture accordingly , which the sheriff hath also returned with the other . note also , that on the evening before the election , the mayor , sir william francklyn and 200 others ( summoned or invited thither by them ) met tumultuously and riotously in the town-hall , where one mr. easton a draper , read publickly in the hall before all the multitude , a libellous paper against mr. christie . so the irregularities and partiality of the mayor appears in these particulars . 1. he did not shew the precept to the eldest bayliff . 2. nor acquaint him of the day of election . 3. but kept the precept from the 18th of february , to the 5th of march , and delayed the execution ; being a common brewer . 4. and gave but one whole days notice of the election . 5. and then chose to execute it upon ash-wednesday . 6. and refused to tell the poll and declare the numbers . 7. but adjourned from the 6th to the 15th , then to the 16th , then to the 18th of march. 8. all these adjournments against the consent and protestation of the eldest bayliff . 9. and were made to sir william francklynn's inn , and not to the town-hall . 10. kept the poll unsealed three days in his own hands . 11. expunged whom he pleased . 12. made himself judge of the qualifications . 13. refused the eldest bayliff , a note of the names and disabillities of the persons expunged . 14. and summoned a tumultuous and riotous assembly to the town-hall , where were read defamatory libels against mr. christie . so if mayors may return whom they please , whether duly elected or not , and not be punished for such misdemeanours , then they and not the electors choose parliament-men . but now , the mayor to colour what he hath done so unjustly , with some pretence gives out , that none have voices , but such as pay to the church and poor , whereas the usage or custom hath been time out of mind , that all house-holders have voices who do not receive collection , and so it will be proved for eight or ten parliaments successively , and such is the custome in many other places of the kingdome , and here now they were all admitted to be polled on both sides . to be heard on friday the 4th of april . the bishop of worcester's letter to his reverend clergy within the county and diocess of worcester with some short and genuine animadversions upon it. 1681 approx. 13 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a70049 wing f1242a estc r6831 12527811 ocm 12527811 62693 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70049) transcribed from: (early english books online ; image set 62693) images scanned from microfilm: (early english books, 1641-1700 ; 949:7 or 1669:40) the bishop of worcester's letter to his reverend clergy within the county and diocess of worcester with some short and genuine animadversions upon it. fleetwood, james, 1603-1683. 4 p. s.n., [s.l. : 1681?] item at reel 949:7 identified as t978 (number cancelled in wing 2nd ed.). reproduction of original in huntington library. caption title. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -pastoral letters and charges. church and state -church of england. elections -england -early works to 1800. 2006-12 tcp assigned for keying and markup 2006-12 aptara keyed and coded from proquest page images 2007-01 robyn anspach sampled and proofread 2007-01 robyn anspach text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion the bishop of worcester's letter to his reverend clergy within the county and diocess of worcester . vvith some short and genuine animadversions vpon it . having received in a letter from a person of eminent quality in the county of worcester , who is pleas'd to honour me with his particular friendship and esteem , that of this right reverend bishop ; and being assured from him , upon the testimony of a clergyman of that diocess , who has one of the originals , ( for it seems there were several of them sent abroad ) that it was an exact copy , i was mightily pleased with his great kindness in it , and upon reading it several times over , i thought it very well worthy of many good animadversions . indeed i could have wished this labour had been saved me by a more ingenious and habile pen ; for then not only i my self should have got considerable improvement by the learned remarks that must needs have been made on it , but the publick would no doubt have testifyed greater acknowledgments , and have given their just applauses , according to cicero's opinion , habet enim justam venerationem quicquid excellit . but having waited thus long , and finding none so generously inclined as to bestow his serious thoughts this way for common good and benefit ; i conceived it would not be altogether ungrateful to the world if i should venture at it ; and , rather than have all lost , present you with my short and natural reflections upon the letter that followes . to the rectors , vicars , and others within the county and diocess of worcester , james by divine permission bishop of worcester , sendeth greeting . whereas the knights and principal gentlemen of the county , ( in pursuance of his majesties writ for calling and holding a parliament at vvestminster upon the 17th of october next coming ) have met together and resolved and pitched upon collonel samuel sands , to stand as a candidate to be elected for one of the knights of the shire to serve in the said parliament ; we taking into consideration his constant , known , and steady affection , loyalty , and fidelity to the crown and church of england , do recommend him to you as a person that will be firm and faithful to the interest of the king , the true protestant religion , and the common good of the people of this realm ; and we do earnestly desire you to give your suffrages for him , and to ingage such as are qualified in your parishes to do the like , upon vvednesday next , being the third of september ; and thus leaving you wholly to your freedom in the other part of your choice , but confiding in your filial and hearty compliance in this , we recommend you to god's holy protection , and remain , your affectionate friend and brother james bishop of worcester . this is the letter verbatim as it came to my hands ; and how kindly it is written for advancing the interest , or but maintaining the natural liberty and property of the more inferiour commons , you shall in part see by and by . but before i come to take notice of the letter it self , i think it will not be very improper here by the way to observe , how much that dissenting party from the church of england , i mean , the presbyterians , is taxed for going ( as they say like satan ) to and fro in the earth , and for walking up and down in it to make their parties for elections ; what tricks and insinuations they use to gain proselites ; and especially in this late election for our metropolis , the city of london , where they said , as i my self heard it , there were three of their chiefest ministers particularly , but whom they would not name , that made it their great business to run from house to house to secure votes for a worthy member and patriot of it , whom another party , under the vizar and masquerade of church of england men , would fain have set beside the cushion ; when as , for i have made as particular an inquiry into it as possibly i could , not one of them has stirred in it any further than perchance accidental common conversation has brought them on ; but , as i believe the party who affirm'd it only vapoured , and would fain have blackened them , if his silly word would have been credited ; so , on the other hand , put the case it had been so , they had done nothing but what they could have produced a very good president for , from this letter , which was a long time antecedent to the election here , and i hope none will be so spiteful as to hit their own selves a box o' th' ear in blaming them for their conformity to the church , but will be rather glad to see that they will in any thing come over to it , and take their measures from it . for my part , i am so much a lover of unity and peace , and so impatient of whatsoever looks like faction , or dividing interests , that i should be one of the first to cast a stone at that man that sets himself to make a party : for , if we are free-born , let 's injoy our priviledg , and not suffer our selves to be cullied and ham-string'd by every formal fop that perhaps either has a hank upon us , or else has got the knack to talk more oylily than our selves . i would have my judgment my own , and would choose where i please , and not give another man the power to say he has got me in his pocket , and he can shake me like a dog in a blanket . but now to my subject . and first of all i think it is very easy to remark , that the knights and principal gentry of a county , when any important affair of the state is to be mannaged , ( as is this of electing parliament-men ) do meet together , and in their private cabals , do consult and resolve among themselves how the matter shall determine , and which way they will have things to go ; and after this , then they pitch upon such ways and means as they judg most proper to be conducive to those ends : and here in this case that we have before us , you see they take this course ; so that by this mean , if any would have a particular faction or party , be it about business of either church or state , carryed on ; it is only to make your interests with these great do●alls of their respective shires or districts , by bribes of money , preferments to high places , or by getting honours to be conferred on them , &c. and when you have once brought them over to you , and made 'em your own , you may sleep on , and take your rest , as it is said in another case , for they know how to do your work well enough without any further troubling them . and when they have concluded the matter thus by themselves , it is as obvious to any considering man as the former , that they then go , and acquaint the right reverend their bishop with what they have done , and pray in aid to him , that he would graciously please to inform the clergy over whom he presides , with their project ; and by an express to let them know , how agreeable it is to his lordship , how good in it self , and how honourable it will be for them to be seen in , and advance the cause ; and not only that they themselves would stir in it , but recommendations must be made to them , that they do all they can to ingage such as are qualified in their parishes , to lay their shoulders to the work , and according to their power to influence all others of their acquaintance junctis viribus to do the like . and therefore because the knights and principal gentlemen in a county have pitched upon such a one , ( be he never so deserving a person , or never so otherwise , that is nothing to the purpose ) as for instance , to be a member of parliament , he must of necessity be the man : so that as i take it , ( and i would not willingly mistake the point ) this is to exclude the commonalty absolutely to have a hand in the choice ; for they must not dare to give a negative vote if they should be injoined to stand up for such or such a particular person ; and by this means they are cashiered of that power and liberty , and that property that they have , to appear in the behalf of another person , whom they may think to be better qualified , or however , whom they may like better , and otherwise would choose , if they were not beforehand so ingaged . but further , by leaving them to their freedom in the other part of their choice , ( as is here mentioned ) doth imply a restraint upon them and that , despotically , or magisterially , for the first ; by which means , if commonly practised by other bishops , the parliament may make an act to exclude the clergy from voting , as they did those that had lease-lands , nay copy-holds of inheritance ; presuming they would be byassed by their lords of their estates to vote which way they pleased , for fear of a black reckoning when they came to renew . besides , if they do restrain them for one , as here you see it is plainly proved de facto , why may they not by the same right and justice lay a restraint on them for both : and how can they then be said indeed to be our representatives , when possibly they may not be those persons whom we would have to represent us , but are such as the knights and principal gentlemen of the county , together with the bishop and his clergy , will impose upon us , and make us to stand by , for fear of worse circumstances to befal our selves . again , by his confiding in their filial and hearty compliance , he doth explain the restraint as to the first vote : that is , methinks , as much as to say , we will oblige you to choose one such man as we would have you , and to be made a mouth of by us in that particular , and we will give you freedom in the other part of your choice ; we will put the wheadle on you as for the other , you shall seem wholly to elect him , though he be fore ▪ ordained to be the man , by our selves at our private cabinet-board : for , to be sure , if you are once so far prevailed upon as to yield to their judgments in one , you tacitely do acknowledg that you have not understanding , and be not fit enough of your selves to make a wise and safe choice without their previous direction , and so consequently will be easily led away to give your suffrage for any other , whom perhaps some of the slie pretenders to your party , ( if that may be called so , which is only a disinteressed affection to serve you country ) may be their secret order and impulse loudly bawle out for , and cry up ; so that in one sense there will be a restraint upon you as for both , though knowingly it shall appear but for one , and to that it plainly seems you must comply . moreover , which to me looks like a paradox , for it is contradictio in adjecto ; he expects from them a filial or son-like obedience , and yet he subscribes himself their brother ; he would have them blindly to pay him the duty of children , but he does not stile himself their father : indeed he is their right reverend father in god to superintend them in spiritual affairs , and in divine mysteries ; but i do not very well understand , how it is his province to charge them with the cares of state , how he can ingage them to run up and down after all such as are qualified in their parishes , and get votes for the beloved candidate ; but yet this they are obliged to do , if they mean to show their filial respect to their honour'd elder brother ; for here 's their injunction ; and , litera scripta manet , should they prove obstinate and restive , and offer to disobey the precept , this hand-writing would no doubt rise up in judgment against them , and render them inexcusable . this is by no means to reflect upon that worthy gentleman , whom this letter has a relation to ; for all persons i can hear of , that have any acquaintance with him , give him deservedly a most honourable mention ; and i cannot in the least imagine but that the qualified electing persons would voluntarily have given him their voice to be one of their representatives , without the solicitations and ingagements of their clergy to them . but this is to show by what ways and artifices men may get to be chosen , and to leave it upon a dubitatur in lege , how far such things are just and rightful . finis . essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. 1679 approx. 30 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a38666 wing e3343 estc r10510 13000208 ocm 13000208 96467 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a38666) transcribed from: (early english books online ; image set 96467) images scanned from microfilm: (early english books, 1641-1700 ; 737:20) essex's excellency, or, the gallantry of the freeholders of that country being a short account of the brave british behaviour of those worthy freeholders, in the choice of their knights to serve in the next parliament : together with the truly noble lord gray his speech at the close of their choice / published by an eye-witness of their most noble courage for the example of their neighbouring counties. eye-witness of their most noble courage for the example of their neighbouring counties. 8 p. s.n., [london : 1679] caption title. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament -elections. elections -england -essex. essex (england) -politics and government. 2006-11 tcp assigned for keying and markup 2006-11 apex covantage keyed and coded from proquest page images 2007-01 celeste ng sampled and proofread 2007-01 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion essex's excellency : or the gallantry of the freeholders of that county . being a short account of the brave british behaviour of those worthy freeholders , in the choice of their knights to serve in the next parliament . together with the truly noble lord gray his speech at the close of their choice . published by an eye-witness of their most noble courage for the example of their neighbouring counties . as long parliaments have been heretofore the great mischief & ruin of the free-born english man's liberty , which this nation in general began to he very sensible of , by the abundant evils that had like to have befallen the good people of england , even almost to the overthrow of all propriety and priviledges , as well as religion , which the all-wise god , out of pity to this nation , hath how at last put an end unto , by an unexpected hand of providence : so did there lately seem to threaten as great an evil by burdening the counties with the choice of too frequent parliaments ; and the cause of this fear did not arise in the hearts of wise men without some cause ; for drinking and revelling , being grown into both fashion and custom in many places of this kingdom , both burroughs and counties , as necessary qualifications to make a wise representative , gentlemen indeed , those that are really such in their sober deportment and carriage , began to grow weary ; though they could not but see , that nothing but utter destruction must at last most certainly swallow up both them and their posterity , in some short time , in case persons were chosen ; as only obtained their elections by drinking and feasting the country . for wise men well know that such excessive charges was so unreasonable a thing to be born by any honest person , that hath no other end than his countries good , that it could not but be imagined long since that those persons that got such their elections by those waies and means , had another end in it , and designed repayment again in a private and unjust way out of the peoples pockets , by selling their votes at a dear rate for the raising of money , and in other matters of great moment . nay , some persons , and not a few , to the eternal infamy of both them that paid , and them that received such wages of unrighteousness , were grown to that excess after they were sent up members to the late long parliament , that they received yearly more money for selling their country , than it cost them to be so elected ; so that at last to be once got a parliament man , was grown a sure way both of profit and honour , though purchased out of the poor peoples hearts blood ; for those men to have good places , or large pensions , would and did as easily part with their countries liberty , and the peoples freedom and right , as well as their money ; and , which may easily appear , if we consider their domineering over their equals , and despising law , and longing for seats in the late long parliament , to be continued to them and their heirs for ever . but not to trouble you further with their ill proceedings at this time , since we have yet room for hopes that we shall have once more an english parliament that will look into such miscarriages , and give a due reward to such offenders in the late long parliament , who either for places or pensions , sold their votes and their country at a cheaper rate than esau did his birth-right . but as to the gallantry and nobleness of divers of the gentry of essex , as well as the whole body of the freeholders , there take this short narrative ; the writ being directed for the choice of two knights for the shire , tuesday last , the 12th . of this inslant august was appointed the day , being the first county-court ; and whereas sir eliab harvey , and collonel mildmay were former members in the last good parliament . collonel mildmay did sometime before the day of election intimate to sir eliab harvey his intentions to stand to be one of the knights of the shire ; and that as they had been both chosen before , he believed the country would now do the like freely ; but though the collonels interest in the county was looked upon by all to be that which brought them both to be so easily elected before ; yet sir eliab ( as is believed ) trusting either to his own interest , or the interest of the duke of albemarle . and some other of the gentry . did absolutely refuse to joyn himself with collonel mildmay ; but on the contrary , was resolved to sland alone , that now his interest with the duke , and some of the gentry , and sir thomas middleton , was sufficient not only to be chosen knights of the shire himself ; but a●so wholly to lay aside and disappoint the collonel of his intentions ; and in effect under hand to oppose his election , which was thought to be more easily done , because the collonel , like the old english-man , was resolved not to be at any cost or charges in the obtaining his election , thinking , as indeed it is a burden sufficient to serve their country as their member , and not vainly to throw away his estate , as well as his labour to be their servant too ; for that his noble spirit well knew , that he that served his country faithfully , deserved the thanks of his country , without spending his estate to be chosen : but some were not idle all this time , since the dissolution of the last parliament , to reproach , vilifie and abuse that worthy person , collonel mildmay ; yet the summe of all their malice could reach no higher , after all , but to reproach him for a phanatick , a name too common in the mouths of our half protestants , and so little understood by them ; but too too grateful to the papists , by which they have most maliciously branded every sober person in england with that name ; nay , a man can hardly pass through the streets with sobriety in his face , but he is branded for a phanatick ; and by some that would make us believe they are protestants themselves ; but if phanatick does denote a mad man , as i have understood it alwaies did , till within the compass of twenty years last past , then i am sure it is as false an aspersion cast on that worthy person , as that was which was cast upon the apostles , that they were mad-men for preaching the resurrection from the dead , and judgment day to come ; but let such , whoever they are , know , it is a thousand times more honourable to be called by them phanaticks than good christians , a thing i fear they are very little acquainted with more than the name : but there we leave them where they most delight , and proceed to tell you , that some of the tribe of levi both before and at this election were very zealous , against this worrthy person coll. mildmay ; for one of them standing by a papist , that voted against the collonel , cryed , well done , he did not doubt but that they should agree well enough in the main , though not in all points . some sent their paper-pellet to all their neighbourhood , and especially to their own club of the long robe , and did incourage and threaten them upon their obedience to their diocessian , that they should not fail , but make all the interest possibly they could , that collonel mildmay might not be chosen , but all hands for sir thomas middleton , whom they knew would never fail their cause , nor their church , which was all those gallions cared for , no matter what became of their country ; it was the liberties and sauciness of the lay-men they hated ; and they must be brought into blind obedience to them , and pin their faith on their sleeves , or else all was undone , and the king and country lost ; this was their cry and exhortation ; and my lord duke supposing his interest in the country to be made greater by slanding up against collonel mildmay , with all his power and might , both in his person and friends , engages all against the collonel , and musters up all to come and give their vote for middleton against mildmay . but the day being come , the roads were every where filled round chelmsford with vast numbers of gentry and freeholders , the night before there not being room enough in that town for lodging , and in the morning by seven of the clock coll. mildmay came from his house to the place near the hop-ground , with about 1000 gentlemen and free-holders , where met him my lord shandish with about 1000 more , all on horse back , crying out ▪ a mildmay , a mildmay , with many vollies of acclamations ; presently after the ever noble and renowned lord gray met the collonel in a most sumptuous habit , with his led horses in rich trappings , and about 2000 horse attending him ; then the lord gray with the collonel began to march into the town , where they were met with near 2000 horse more , and so passing through the towm into the field in very good order , with their mouths loudly hollowing for a mildmay only , and crying out . god bless my lord gray , they there rested for about an hour , while they drew up in a posture to be viewed , and being then all got together , was not esteemed less than 6000 men . not long after came into the town sir thomas middleton , with about 150 or 200 horse-men , and my lord duke and sir eliab harvey with about 400 men more , accounting their servants and attendants ; and sir eliab came into the field near to coll. mildmay : but the collonels men being angry that sir eliab should espouse another interest , and not joyn with the collonel , resolved unanimously as one man , that they would only give one voyce for the collonel , and reserve the other for such a person as the collonel should please to nominate to them himself : which being resolved , the collonel with his company drew out of the field to the town-house , and riding several times about it , with an incredible shout for a mildmay , a mildmay , that scarce the like was ever seen at any election ; and the hour being come for the writ to be read , the collonel goes to the town-hall , and being told the high sheriff was ready , made a short speech to the people to this effect . gentlemen and friends , since i see you judge me worthy to serve you as a member in this next parliament , i promise you , according to the best of my understanding , faithfully to discharge that trust you so unanimously intend to repose in me ; and since you judge me a fit person , i hope you may give some credit to my recommendation of another person to joyn with me in that service , which i shall name with your leave , and if you approve of , and judge him worthy also , though he be not here , yet he may soon be sent for to come among you : to which all the people gave a great shout , and cryed , name him , name him ; which then the collonel did , and told them , john lomott honeywood , esq ; a person of a very good estate in this county , was in his judgment a very honest and worthy person , and one that he did verily believe would serve them faithfully : which the people liking , immediately with a great shout cried , send for him , a honeywood , and a mildmay , and none else ; and so the word being given out among the free-holders , and the collonel with them surrounding the market-places two or three times , that the people might be all informed of the second person , every man at last ( which was within the compass of half an hour ) cryed out as much a honeywood as a mildmay ; and mr. honeywood being come up to the company , he and the collonel , with sir eliab harvey , and sir thömas middleton went into court , where the sheriff was ready , and the noble lord gray did the collonel and mr. honeywood the honour to enter into the court with them , to see matters fairly carryed , which otherwise might not have been : the duke of albemarle on the other side , and some of the gentry were pleased to be in court also ; and the writ being read about ten of the clock at the high sheriffs command , who in all the occurrences of the whole action carryed himself like a worthy gentleman , and did endeavour as much as could be to prevent any disorders in the election : the writ being read , and demand being made who they would chuse for their knights of the shire , was immediately answered by the whole people with loud cryes . a mildmay , a mildmay , and no courtier nor pensioner ; and then silence being made again , and demanded who they would have for the other person , they did as unanimously cry out , a honeywood , a honeywood , a good protestant ; and it could hardly be perceived , that any there present of the electors were of an other mind , or took so much as notice of sir eliab harvey , or sir thomas middleton , ( except their servants , and those that came along with the duke , and his attendants ) but notwithstanding the great inequality both in the field and the place of elections , as it is before expressed , yet sir eliab harvey and sir thomas middleton demanded the poll ; and before the beginning of the poll. sir eliab harvey was pleased to tell the people , that coll. mildmay had broke his promise with him ; but in what , was not then understood , otherwise than it was suspected he meant , that coll. mildmay ought not to have joyned with any other person but him , but the collonel giving ear to what was said by him ▪ declared to the people , that he never was in the least guilty of leaving sir eliabs interest , or designing so to doe , or under any promise to joyn with him whatsoever ; for that it was so far from any such thing ▪ that he told him ; sir eliab , i wonder you should charge me thus , when you know the contrary ▪ that i did desire you to stand with me , and to joyn interests together , to save the countrey trouble and charges ; and you absolutely denyed it , and always returned me answer , you must not , nor would not joyn with any : which words of the collonel were attested in the court to be true , by a very worthy gentleman , that averred to his knowledge , the collonel had ●ought to sir eliab , and was absolutely denyed . these words passing ▪ the poll was begun , and each person that stood had his clark to take the poll , which began about eleven a clock that day , where was such excessive thronging of the free-holders , being eager to be polled ; that the court was fain to adjourn several times that day to ease themselves ; the tumult being great , and the countreymen fearing some trick might be put upon them , would not leave the place at no rate , crying out . it was a shame that any gentleman should offer to stand a poll at so vast a disproportion , since the whole countrey was for mildmay and honeywood , and wondred that sir eliab harvey , and sir thomas middleton , and the duke ▪ would oppose the countrey , who was all but as one man ; but sir eliab harvey in reply to coll. mildmay then told the people , that now he did declare he would joyn with sir tho. middleton ; but after a little space , when he was informed that coll. mildmay had never joyned with any man till he came to the place of election , and saw him joyn with sir thomas middleton , then sir eliab harvey very worthily told the people , he would not at all concern himself in joyning with any man whatsoever . and no sooner was the poll begun , but some persons that would be thought both to be gentlemen , and the wisest justices in the county , in opposition , and as it then should seem to warrant no other than to breed a disturbance , first on the bench gave coll. mildmay and his party very reviling language , as pitiful inconsiderable phanaticks , and the like , and such words as only befitted a railing person in his pulpit ▪ or a drunken god-damme , telling them they had none but a company of clowns , and that the collonel had never a gentleman among them , nor any person that was a gentleman would offer to set up such persons to be parliament-men , and the like : which proceedings did enrage the free-holders , and made them cry out , they were better men than themselves ; and all their abuses and tricks could not perswade nor affright them from standing up for their countreys good ; and then told them , none but papists and half-protestants would abuse such men . but those of sir thomas middleton's party , and such especially as polled for him , were not content with giving ill language of the basest sort , but upon the bench did all they could to make disturbances , by violences offered to the collonels person , one of them having the impudence ( who calls himself a knight ) to take him by the hair or the nose , to provoke the collonel to strike , that so there might be a quarrel , so as to make a disturbance and evacuate the election , or at least prolong the poll , which was aimed at on purpose to tire out the countrey-people , it being harvest-time , and also they hoping , that they bearing their own cost and charges , would send them home the sooner ; so that by delaying the poll , they might at last be in some equality with the collonel , and when the collonel well answered that person , and they saw that would not doe , and that the noble lord gray began now to be sensible of their abuses and designs , the next thing they undertook , was to quarrel with the lord gray himself ; but the person that did that being a peer , and the noble lord gray vindicating his honour with that peer , and giving him an answer suitable to a challenge said to be sent him . i shall not further repeat that matter : but when that would not do their work neither , then some of the justices of the peace ( as they pretended themselves ) for the promoting their cause , fell upon the clark that took the poll for coll. mildmay , and a wrathful fellow , to shew his kindness to his friend the duke , and the other persons that stood against the collonel , in his abundant wisdom , justice and manhood , assaulted the said clark , and struck him several times , upon pretence the clark did not doe his duty by standing bare to his worship , though then the court was shut , ( and the sheriff not there , which only made the court ) and committed the person into custody for calling the clergy-men priests ; although he could not but well know , it is a title they all own , and would fain be termed such ; and the clark must be carried to prison , and the books he had taken the poll in must by all means be taken from him , which was indeed thought to be the design of the quarrel , to get the books from him : then a worthy person which did only intimate his mislike of these things , by interposing himself , was abused . but these proceedings , though very prejudicial to the persons that bore them , yet were no advantage to their own party , for the worthy free-holders were the more incensed against them ; and if the wisdom of my lord gray , the sheriff and the collonel , had not been great , these proceedings might have caused great mischiefs ; but the countrey-men were so sensible of the brave courage and gallantry of my lord gray that no sooner was he , the collonel and mr. honeywood leaving the court to go to their lodgings at all times , but they all as one man , attended them with great shouts , crying , god bless my lord gray for standing for the countrey-men ; and then crying out , a mildmay , a honeywood : but when the other party went from the court , there was silence enough . thus the poll continued from tuesday about eleven a clock till about nine on the friday following : where in all that whole time the freeholders zeal was so great . that they never abated of their courage ▪ and like noble english men , worthy eternal honour , lay in town at their own cost and charges , and scorned to put their members to two pence charge ; but divers of them did help and assist one another , and with that willingness and chearfulness , that it is beyond expression , which other counties having so good an example , i hope will take pattern by , and scorn to be treated by the members they chuse , but will bear their own charges , and not discourage honest men , which would serve them , were it not for the excessive charges , as well as burden . these worthy freeholders would often say , that it was the high way to make men pensioners and knaves , to put them to charges to be chosen ; and so constant were these men in their resolutions of chusing those worthy gentlemen , that they would call out to the court oft times when they were so thronged , and almost stifled to death , that they would not be tired out notwithstanding the discouragements they met with sometimes from the court in preferring other persons that came in fresh to be polled before them . and they would often say , if we stay this month we will not be tired out , and other times cryed out most bitterly in the streets against the pensioners in the late long parliament , that had almost sold them for slaves : and at other times when they were told they would lose their corn on the ground if they stayed longer , they made this bold answer , that they would rather trust god with ●●eir corn , than trust the devil to chusetheir parliament-men . for that they did now clearly see that all was at stake , and that they had too long pinn'd their faith on other persons sleeves ; with a multitude of such other hearty expressions , too tedious here to be related . but on friday morning , about seven of the clock , no person almost appearing to poll against the collonel , and proclamation being made three times , that all persons should come in to poll , or else the poll would be shut up ; about eight of the clock all being polled that appeared , the poll was shut , and the court adjourned till one that day , till the books were cast up , which was done by that time , in presence of divers persons appointed by the sheriff to see the same fairly done ; but the duke , with sir thomas middleton , and sir eliab harvey withdrawing from the court after the poll was shut up , it was thought fit to send to them to be present at the casting up of the same ; but sir eliab harvey immediately left the town , and sir thomas middleton did not appear himself , but sent a person to inspect the poll ; but no sooner was the poll closed , but news was brought there were about 500 came to the town on purpose to be polled for collonel mildmay and honeywood , and many hundreds more that day came in for that purpose . it was given out over night that the poll would be continued several daies longer , and so divers persons went home and returned as occasion offered ; but the poll being call up , was found to be one thousand five hundred ninety two for coll mildmay , 1517 for mr honeywood , six hundred sixty nine , for sir eliab harvey , 754 for sir thomas middleton , among which were some persons that were convicted papists , and above 200 of the tribe of levi some of which , to the dishonour of their profession behaved themselves , to say no worse of them , not like sober men , there being so much good liquor in the town , and the generosity of those they took part with , being too much abused by them : but notwithstanding the two knights men ; were nobly kept and entertained , and no manner of entertainment given by the other side ; yet the difference was so great , and would have been as much more , had the poll continued longer ; but the poll continued for the two knights to the last man. but the sheriff returning to the court at the time according to custom , proclaimed collonel mildmay , and mr. honeywood duely elected , and then indentures were sealed in court ; after which the lord gray calling to the freeholders in a very handsom speech to this effect delivered himself . gentlemen , your zeal you have shown for your liberties ; and the countries good at this election , and your gallant carriage and behaviour , is never enough sufficiently to be commended ; and that which more highly commends you , besides the pains you have taken in attending the hardships that have been put on you , is that you have born your own charges of this election your selves , and have not been chargeable to the gentlemen you have chosen , but have wisely considered ; that such as make it a trade to bear the counties charge , and feast them to be chosen , do fetch the same out of the country mens pockets another way , which tends to the ruin of your estates and liberties : and i hope this good president will be imitated by our neighbouring counties ; therefore i shall say no more to you at this time , but wish you still to continue your zeal and courage for the maintaining your liberties , and the protestant religion . at which the freeholders gave a great shout , crying out , god bless your honour , and all good english-men that will stand up for the peoples liberties ; and then the knights in two chairs were carried round the town , and brought to their lodgings with an innumerable company of people shouting and crying . a mildmay and honeywood ; which being done , my lord gray and the sheriff dined at the collonel's chamber , with some other of his friends , and the people attended on horse-back to wait on my lord gray and the collonel , and mr. honeywood out of town , which was done about five of the clock , with near five hundred horse ; but i must not forget to relate one passage which was committed by a person that was against the collonel , and one that call'd himself a gentleman , ) that while my lord gray and the rest were at dinner , a little before they were taking horse to go out of town , a poor country-man going along the streets , by the door where the opposites lodged , and crying out , a mildmay and honeywood , he seeing the country-man's zeal , knock'd him down , and broke the country-man's legg , and afterwards fled to the inn for shelter ; but the country-man's friends acquainted the lord gray and the collonel with the action , they immediately ordered the person that did the fact to be seized , which was done , and he committed to goal , and ordered the poor man to be carefully lookt after ; which ill action ought not to be laid to the charge of any but malicious persons ; and indeed so much of malice did appear by the words and actions of those that polled against the collonel , that a sober man would blush to hear ; and among the rest was given out , that no gentleman , or like a gentleman , would appear on the collonel's side , which was so notoriously false , that by the very . book wherein their names were entered , can testifie there were as many gentlemen of estates , and men of quality appeared for the collonel , as they had , and rather more , except clergy , my lord howard , my lord gray , with sir eliab harvey himself , and divers other lords and gentlemen , making up the numbers of freeholders on the collonel's side . this being the true account , though not drest up in terms of art , or varnished with a florid stile , is hoped will be acceptable to those honest freeholders ; and when other countries shall see the brave courage and wisdom of this county of essex , in the choice of two such worthy men , in spight of all opposition , that they will imitate their pattern , and no more suffer themselves to be feasted , and drunk out of their reason , which is the reason that ill men are too often representatives in parliament , which never designed by their entertainments given to the county , but to be doubly and trebly reimburst out of their electors pockets , which way doth inevitably indanger the loss and liberty of the whole nation in general . and now good country-men , do but consider nothing can so soon enslave you and your posterity , as the choice of ill members in parliament ; for to have your throats cut in the face of law , is a thousand times worse than the the force of arms ; and assure your selves , they are worse than the papists , or at least no better , that would go about to perswade you to submit to any thing short of your just rights and liberties . finis . information for lord basil hamilton concerning the election of a commissioner for the barons of the shire of wigton. 1700 approx. 35 kb of xml-encoded text transcribed from 3 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-10 (eebo-tcp phase 1). b03781 wing i164e estc r178649 52529163 ocm 52529163 178813 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b03781) transcribed from: (early english books online ; image set 178813) images scanned from microfilm: (early english books, 1641-1700 ; 2771:15) information for lord basil hamilton concerning the election of a commissioner for the barons of the shire of wigton. hamilton, basil, lord. 4 p. s.n., [edinburgh : 1700] caption title. imprint suggested by wing. imperfect: stained with some loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hamilton, basil, -lord -trials, litigation, etc. elections -corrupt practices -scotland -wigtown -early works to 1800. local elections -scotland -wigtown -early works to 1800. contested elections -scotland -wigtown -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-10 paul schaffner sampled and proofread 2008-10 paul schaffner text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion information for lord basil hamilton concerning the election of a commissioner for the barons of the shire of wigton . lord basil hamilton and castle-stewart producing two several commissions , and both pretending to be elected in the place of late garthland . lord basil hamilton most justly contends , that no regard should be had to castle-stewart's pretended election , the same having been most illegal , because . 1 mo . the earl of galloway , viscount of stairs and the master his son , unaccountably and illegally interrupted the barons while they were making up the rolls in order to the election , by coming in upon them , contrary to the barons undoubted priviledge . 2 do . the said lords in this election incroached , in a manner never before heard of , on the barons freedom , by procuring an instrument taken by themselves to be sign'd by the greatest part of those that elected castle-stewart , approving of the said lords in-coming , as if they had been called by the plurality , upon account that the meeting of the barons was not constitute ; but that it was still a sheriff-court , both which were false . the lords obliging the barons to sign this , only to fix them against lord basil. 3 tio . the subscribers of this instrument proceed to elect castle-stewart first praeses , and then commissioner . notwithstandng that the lords , at least the mr : of stairs with a great many others were in the room : and tho' lord basil protested against any proceeding till the house were hush'd , and that the act of parliament 1681 , expresly statutes , that the house should be hush'd of all but such as pretend to be barons , before the barons proceed to election . there are likeways other nullities in castle-stewart's commission , such as , that it is not filled up nor signed by the clerk to his election ; and crawfordstoun officiated as clerk , without taking the oaths ; that the sheriff-clerk , tho not clerk to the election , sign'd the commission , but not at the meeting , that neither he nor crawfordstoun were required either to sign or fill up the commission at the meeting . castle-stewart , or rather others making use of his name , to lord basil's surprizal , makes a clamour , as if there had been no less incroachments , forsooth , by the sheriff in lord basil's election , and instances , 1 mo . that the sheriff , tho he had no right to act as such , and was no baron , yet he proceeded as sheriff , and would suffer none to proceed but himself . to this lord basil answers , that whether he had right to be sheriff or not , that can no wayes concern his election , he having had nothing to do in the election as sheriff except as being there as a baron , and the barons agreeing to take the oaths , even contrary to lord basil's opinion , before the rolls were made up , and there being no praeses , all without any contradiction took the oaths from him , he being the only judge there that could administer them ; and that he has acted , and been held and repute as sheriff these ten years past is notourly known . as to the sheriffs being no baron , the effect is determined by the act of parliament 1681 : viz , that the unjust pretenders shall be liable in a fine of 500 merks , if objested against at the inrolling . but so it is , there 's no objection against the sheriff's being a baron , by any baron in their meeting , or at making up of the rolls . as to the sheriff's presiding , further than that he did administer the oaths , it is most calumnious ; for in the making up of the rolls there was no praeses , nor need of any , every one making their objections and answers to their rights of voting in the clerk of the meeting 's hands ; nor is there any law obliging a praeses to be chosen for that effect , the act of parliament 1681 , statuting , that the rolls should be made up , at the times therein appointed , does not appoint any praeses to be chosen . it is true the said act appoints a praeses to be chosen at the meeting in order to the election of a commissioner , presupposing the rolls to be made up , conform to the manner prescribed in that act , and registrated in the sheriff-clerk's book ; statuting , that such as are formerly in-rolled shall choose a president before they receive such as have not been formerly in-rolled : but in the case of the shire of wigtoun , where no rolls have been made up , & insert in the sheriff-clerk's book ; there 's nothing statuted as to the choosing of a praeses : and truly it could not be statuted that a praeses should be chosen before the rolls were made up , else every footman would have as good a title to choose a praeses as a baron , the law punishing only unjust pretenders when objected against , but by that same law no objection can be made but at making up of the rolls . but further , whatever was done in this was acquiesced to by all the meeting ; there were indeed some pretending to be barons , that motion'd that a praeses should be chosen , but after that they were told that it was fit in the first place to know who should vote in that election , it was acquiesced to by all , that they should proceed without a praeses , and accordingly not only they went on in making their several objections and answers till the lords interrupted them , but even at castle-stewart's own election , both for being praeses and commissioner , the rolls thus made up were used , and none other . 2 do . it is alledged for castle-stewart , that the sheriff fined one of the barons that voted for him , because he was claiming his right as a baron . to which it is answered , that tho the sheriff had fined all the barons , and unjustly too , that can no ways concern lord basil hamilton . it is not pretended by casle-stewart that he was deprived thereby of that baron's vote , which indeed were unjust , and if so , he should be counted as voting . but the true matter of fact is , one william gordon , who stiles himself of grange , a second brother , who was never known to pretend to the priviedge of a baron , his eldest brother the apparent heir being still alive , while the house was a hushing in favours of the barons , and he was desired by the sheriff to remove , and upon his pretending right to stay , was bid give in a petition with others that were pretending the like , to the end that the barons might cognosce thereupon . he not only refused that , but giving also saucie language , the sheriff thereupon , to support his own authority , made a fashion of fining him , without any design of exacting it ; as may appear by this , that the said william not only stayed still in the room , tho' he showed no right , but thereafter voted for castle-stewart , and filled up castle-stewart's name in the commission , and was very active in all the steps of castle-stewarts election . 3 dly , it is pretended for castle-stewart , that the lords were called by the plurality of the barons , to the end , that they might give the barons their advice , concerning the legality of their proceedings . to which it is answered , that the allegiance is false and calumnious , there being no call by the plurality , and if by any , it has been of their own procurement , that they might have a pretence for hindering lord basil from being chosen , which , that they design'd right or wrong , will still appear yet more evident , by and by . and besides , the plurality could not incroach upon any dissenting barons , that would stand to their priviledge , which even the lords themselves shew they were sensible of , for in the instrument which they took upon lord basil's protesting against their in-coming , they value themselves on this , that tho they were desired by the plurality to stay ; yet they left the house , that the barons might have their freedom . it is alledged further , that the barons were not constituted in a meeting , before the lords came in , and that the lords went out , as soon as the barons went to constitute their meeting , by electing a praeses , without meddling in the least , as to any thing relating to the election , either of praeses or commissioner . to this it is answered , 1 mo , that the barons were making up their rolls , and had almost ended the same when the lords came in , after which they were to choose their praeses . 2 do , all the intruders did not remove , for the master of stairs , with a great many others , stayed still , and such as subscribed the instrument which the lords took , went on and elected , notwithstanding that lord basil had protested against electing till the house should be hushed , both upon the account of those whom he saw stay , and of the lords whom he , with many others , had not seen retire out of the tolbooth , but only into a room divided from the place where the barons were only by thin dales , and these not to the top neither . 3 tio , the lords meddled so far , as to procure their instrument to be sign'd by twelve , that pretended to be barons , tho what was alledged in the instrument was false , and the signing of this instrument had the effect to make the subscribers divide from the other barons , with whom before they had been acting in concert , and this signing , together with the master of stairs his presence , who had been left no doubt for that effect , made the subscribers , contrary to express law , elect without hushing the house , tho protested against by the barons , who could not go alongs in so illegal , as well as tumultuary a manner , and must be of most pernicious consequence to all elections of either barons or burrows for the future , if the parliament provide not a remedy . the parllament having , upon what has been alledged by both parties , ordered them to adduce witnesses before answer , as to the relevancy , lord basil adduced the lairds of garthland , carrichtrie , and crichow , witnesses of undoubted probity . the two first were objected against , as having voted for lord basil ; but besides that , lord basil could adduce no others but barons , as to what passed while the house was hushed , having not been so provident , as to post witnesses : and they being the only barons upon the place , it can infer nothing , that these gentlemen voted for lord basil. and further , the witnesses adduced by lord basil hamilton have depon'd nothing in favours of lord basil's election , but what is otherways sufficiently proven . for , 1 mo , as to all the barons acquiescing to the making up of the rolls , without choosing a praeses , crawfurdstoun's instrument , his deposition , as well as young phisgall's and alexander campbel's , agree , that the barons went on , after old phisgall's pretended instrument , in their objections , till the lords came in , and that thereafter , such as elected castle-stewart , used the rolls thus made up , and none other , in electing him both praeses and commissioner , which prove as positive an acquiescence and passing from their instrument against former proceedings , if any was , or from their motion to choose a praeses , there being no such instrument , as garthland and carrichtrie's depositions prove , that all the barons had acquiesced to the making up of the rolls , without choosing a praeses . 2 do , that the lords and master of stairs went in where the barons were , while they were making up the rolls , and had almost ended the same , is evident from crawfurdstoun's instrument , the witnesses adduced for castle-stewart , as well as these for lord basil , and the sheriff-clerk's extract . 3 tio , that the lords procured the barons to sign their associating instrument , is no less evident . 4 to , as to the master of stairs and others being in the room , the time of castle-stewarts election , all like ways have agreed thereto . and as to lord basil's protesting against castle-stewart's electors proceeding to elect , until the house were hushed , besides the clerk of the meeting 's extract of what passed , wherein this instrument is recorded , and the three witnesses adduced by lord basil confirming the same , crawfurdstoun's instrument , and castle-stewart's witnesses depositions concerning lord basil and the barons their adhering to him , their refusing to vote , and lord basil's saying , you may choose the master of stairs 's page , &c. sufficiently prove lord basil's , and his adherents , their refusing to vote , to have been upon the account , that the house was not hush'd , and that they dissented from that illegal and unaccountable manner of proceeding . lord basil having thus most clearly proven all the most illegal and dangerous incroachments which he founded on , as committed against the priviledge of the barons , in order to hinder his being elected ; and likeways , that castle-stewart , and his adherents , had not only acquiesced to that procedure of the barons , for which castle-stewart complains of lord basil's election , and by which he pretends to excuse the said incroachments ; but also , that castle-stewart and his adherents had , after the lords and master of stairs's in-coming , upon pretext of the illegal proceedings of the barons , approven of the barons procedure , by using these very rolls that the barons had made up after this pretended illegal manner . tho castle-stewart should prove all alledged on his behalf , it can avail him nothing , either against lord basil's election , or in support of his own , yet such has been the calumniousness of those arguments and suggestions us'd against lord basil in this affair , that castle-stewart has not proven any one thing , whereupon there could be founded the least shadow of objection against lord basil , or of defence of what was acted by the lords and castle-stewart , to hinder lord basil's election . as to the witnesses adduced for castle stewart , they are the master of stairs , crawfurdstoun , young phisgall , and alexander campbel servant to the earl of galloway . the master of stairs was objected against , as son to the viscount , but it appears from his own deposition , that he is no less to be considered as guilty of the incroachments , for which the parliament has considered the lords as party , than the lords themselves . crawfurdstoun has made himself as much party as either , having given an instrument in their favours , that no notar can be answerable for , because , 1 mo , the far greater part of it consists of that whereupon no instruments were taken in his hands , as appears by his answers to lord basil's second and third interrogatories , when he was re-examined , by which interrogatories it is evident , that instruments were only taken in the sheriff clerk's hands , upon the objections and answers made against any pretending right to elect or be elected commissioner . 2 do , he has in it many things whereupon no instrument was taken at all , as appears from his answer to the fourth and fifth interrogatories , when first examined , where he depones , that no instruments were taken in his hands , upon the motion of calling in the lords , or upon lord basil's answer , when desired t● vote who should be praeses , that they might choose the master of stairs page , &c. and it is not pretended , that instruments were taken upon either of these passages , in any other persons hands . 3 tio , the instrument contains falshoods , as 1 mo , he gives as the reason of the motion for calling in the lords , that they might see fair play , and protect the barons from being over-awed , menaced , and threatned , whereof they had complain'd several times that day ; he acknowledging as said is , that there were no instruments upon this , it is only his own assertion ; and not only there 's nothing of this appears from either his own or any others deposition , but the lords have not pretended this reason in their instrument : and castle-stewart , both by his lawiers before the parliament , and in his interrogatories , assigns an other reason , viz. that the barons might advise with the lords , how they should proceed . 2 do , young phisgall depones , that crawfurdstoun has likewise in his instrument , that castle-stewart protested in his hand against lord basil , for menacing the clerk , yet being examined upon castle-stewart's fourteenth interrogatory , if the clerk was not present when this instrument was taken , and if he was not witness to it , all that he would say , was , that the sheriff-clerk was present all the time he was in the meeting . whereupon he being interrogated by lord basil , in his ninth interrogatory , if he saw or heard lord basil menace the clerk , he answered negatively . 3 tio , he asserts in his instrument . that the witnesses therein-mention'd , were required witnesses to the whole therein-contained , altho , as to most no instruments were taken in his hand , and part is false , and no instruments taken thereon in any hand : and that he could not answer to that interrogatory , about the clerk's being witness to a false instrument , as is said . crawfurdstoun likeways , in answer to lord basil's ninth interrogatory , depones , that young phisgall , whom he likeways designs witness to all , was not required witness , that he only told him , he was to be witness to all instruments taken in his hands , but could not say , that he told even that , before the lords returned to the meeting : and crawfurdstoun and young phisgall depone , that old phisgall protested long before the lords returned . a great many more contradictions of this nature might be instanced , nor could it be otherways in so long an instrument , containing so many different matters , whereof crawfurdstoun took no manner of notes , as appears from his answers , when re-examined to lord basil's third , seventh , and eight interrogatories , which one fault , were there no other , is enough to discredit the instrument , and to show , that it has been contriv'd only to serve a turn . but crawfurdstoun being thus ingaged , sufficiently shows his affection and concern both for the cause and his own instrument , in all that he depones ; as particularly at his second examination , when interrogated by lord basil , if instruments had been taken in his hand , upon the objections that were made by any of the barons , against the others having right to vote . he shifts the question , and answers as to instruments taken against the illegality of the barons procedure , and depones , that none other had taken any instruments in his hands upon that illegality , save old phisgall . but being thereafter interrogated by lord basil , if he had taken notes of these objections , he then tells the truth , viz. that the instruments on these objections were taken in the sheriff-clerk's hands , founding on that , as an excuse , why he took no notes of the objections . but being further press'd by lord basil's seventh and eighth interrogatories , if he took notes of old phisgall's instrument , which is not pretended to have been taken in the sheriff-clerk's hands , and of castle-stewart's instruments , who had protested against the clerk , for not serving him , he is forced to let fall his excuse , and confess , that he had taken no notes as to those ; being sensible , that all that were at the meeting saw , that he had taken no notes at all . young phisgal pretends to be instrumentary witness to his fathers protestation , he has been agent in this matter all along , present at consultations that have been had thereupon ; and , as is informed by himself , help'd crawfordstoun to make up his instrument , & advised young castle-stewart to protest against the sheriff : all which lord basil knew not when he was examined , therefore did not object against him upon these grounds : but the objection is still competent , it being usual before the relevancy be discus'd to receive witnesses cum nota , reserving objections till discussing of the relevancy . but further , besides these mistakes charg'd on crawfordstoun's instrument , whereof he is equally guilty , signing as witness thereto , he depones in answer to castle-stewart's fourteenth interrogatory in positive terms , that the sheriff-clerk was required witness to every article contained in crawfordston's instrument ; which is absolutely impossible , the most part of the instrument , being nothing but a narration of crawfordston's as to what past , whereupon no instruments were taken in crawfordston's hand , some thereof false , and whereupon no instruments were taken in any hands , as is above showen , but young phisgal says no less as to his own being witness , deponing that he was an instrumentary witness , tho it is inconsistent , as said is , and that crawfordston deponed otherways , as is already likeways showen . thereafter young phisgal gives as his causa scientiae , that he was present at every article whereupon he depones ; that is , he was all the while in the meeting till castle-stewart was elected , crawfordston's instrument being given for an extract of all that past ; and yet he depones in answer to castle-stewart's ninth interrogatory , that the lords when they left the tolbooth went to baillie gullen's , which he could not know if he stayed in the tolbooth ; and in answer to the sixth interogatory he depones , that to the best of his memory the barons sent two of their number to invite in the lords ; this shews he was in the meeting with the barons , then he subjoyns , who came and told the lords they were call'd in to the meeting ; which likewise shews he was at the same time with the lords , and had been of the lords company , before these ambassadors went to them . young phisgall further depones in answer to castle-stewart's third interrogatory , that he heard his father in name of many of the barons go to the end of the table where the clerk was sitting , and there did protest against the proceedings of that meeting as altogether illegal , and thereupon took instruments in crawfordston's hand , & that he had protested , but his protestation was not marked by the sheriff-clerk : if old phisgall had thus protested against the sheriff-clerk , his protestation had been legal , as no doubt young phisgall has had occasion to learn at the consultations . but the instrument produced bears the same to have been taken against several barons , and not against the clerk. and crawfordston in answer to lord basil's second interrogatory , at his first examination depones , that he saw the clerk refuse no protestation . alexander campbel was objected against , as being the earl of galloway's servant , and it is since informed that he was also present at their consultations . but further , in answer to castle-stewart's first interrogatory , he depones , that lord basil answered to old phisgall who des●●● above 〈…〉 praeses chosen , that they might choose the mr. of stairs's page , whereas they all agree that phisgall's desiring a praeses to be chosen was long before the lords returned . and it appears from the instrument , that this answer of lord basil's was when his name was called to give his vote , which according to all castle-stewart's witnesses , was after the lords had retired the second time . alexander campbel in answer to the third interrogatory depones , that he heard phisgall elder take protestation in crawfordstoun's hands that the sheriff's presiding was illegal , and that the barons were thereby interrupted in their election . tho the instrument produced is that the not choosing a praeses is illegal , and taken against the several barons therein mention'd , and not one word in the instrument of the sheriff's presiding : and alexander campbel , tho he be positive in this interogatory , being thereafter asked by lord basil , in whose hands phisgall had taken that instrument , answered , that he did not see , but he heard that it was in crawfordston's hands . tho such are the witnesses yet such also is the force of truth that the probation is as follows : there 's nothing adduced to prove that there was the least objection against the sheriff's title as sheriff ; and it is notourly known , that this is not the first time of a hundred that he has exerced as such . there 's as little adduced for proving that there was any objection against the sheriff for fining william gordon : but it is proven that he was fined at the hushing of the house , not only by the witnesses adduced by lord basil , but also from crawfordston's historical instrument of what past in the meeting , mentioning nothing of it . as for the sheriff's presiding , there 's a pretended instrument produced of phisgall's against several barons , for not choosing a praeses , but not one word therein of the sheriff's presiding ; as to which instrument , besides what has been said as to the legality and necessity of making up the rolls , before a praeses were chosen , and as to all the barons acquiescing to that procedure , no regard can be had to that pretended instrument , for. 1 mo . this instrument is not taken in the clerk of the meeting 's hand , as it ought to have been ; and in any other notar's hand , only in case of the clerk's refusal , conform to young phisgall's deposition . 2 do . there are not two concurring as to the tenor of this instrument ; the instrument bears the same to have been taken against the several barons therein mentioned , yourg phisgall the pretended instrumentary witness depones it was against the sheriff-clerk , and alexander camphel depones it was against the sheriff , and tho all three had concurr'd their testimonies are invalid , for the reasons abovemention'd , to prove against the lairds of garthland and carrichtrie's depositions , in which they depone that they never heard of any such instrument , and yet the instrument bears the same to have been taken against these two gentlemen expresly . but tho the instrument , as it is conceived , were proven , this not being against the sheriff's presiding , and the law providing , that no objections shall be received , but what is made at the election , there can be no ground to found now upon the sheriff's presiding ; but the truth is , the sheriff did not preside any further , than that he did administer the oaths . alexander campbel and young phisgall have indeed deponed , that he did preside , and young phisgall assigns the manner of his presiding to have been by receiving the objections , which all the world knows to belong to the clerk : but the instrument it self mentioning nothing of it , with crawfurdstoun's deposition , who , in answer to castle-stewart's second interrogatory upon that very head , depones , that the barons continued as they were , sufficiently takes off their depositions ; for if he could have said the sheriff presided , it is evident , that he would have answered in the terms of the interrogatory . and in answer to the sixth interrogatory , where being interrogated , if the barons desired the lords to come in , to advise with them , whether the sheriff had right to preside . he answers , that some baron whisper'd , they would be run down , unless the noblemen returned to see a praeses chosen but that he knew no more of that interrogatory , which is positive , that the sheriff did not preside . as to the lords being called , young phisgall only depones it , and it is evident , he must have been in two places at once , to have known so much . as to the call's being from the plurality , the instrument indeed bears it ; but crawfurdstoun contradicts his own instrement , in his answer to lord basil's second interrogatory , when first examined , wherein he depones , he did not hear all that subscribed the lords instrument move , that the lords should be call'd in : and it is evident from the instrument , that if but one did not move it , the plurality did not make the motion , and this alone , were there no more , is enough to discredit the instrument . it is true indeed , there is proof , that the plurality , after the lords were with them , own'd they had call'd the lords , and this is what lord basil complains of that they should be thus influenced by the lords . as to the lords being call'd in for advice , there 's no one who heard this so much as mention'd amongst the barons , save the never-failing phisgall , crawfurdstoun , and alexander campbel , and lord basil's witnesses heard nothing of it : the instrument assigns another reason , and the lords in their instrument do not mention this . for taking off the nullity of crawfurdstoun's officiating as clerk young phisgall depones , that he did nothing as clerk , but call'd the rolls who should be commissioner , and marked the votes . but he forgets , that he himself signs witness to the instrument , which castle-stewart took in crawfurdstoun's hand , upon his being elected commissioner , which 〈◊〉 only be taken in the hands of the clerk to the election . tho the witnesses adduced for castle-stewart prove not what they were adduced for , which all things considered , cannot choose but be 〈◊〉 of admiration ; yet they prove sufficiently , the previous design of hindering lord basil from being elected whatever it should cost as well as the methods taken for that effect . and besides what may be seen from what is already said , this master of stairs depones , that he was several times betwixt the outter and inner door , and about the time , he depones , he saw sir charles hay and others , it is deponed , old phisgal should have taken that instrument ; but the common souldiers only whispering it , and it seems in crawfurdstoun's ear , and not following the orders as they were given , the advisers without doors began to see that their presence was necessary ; upon which , it was whispered amongst the barons at the foot of the table , ( as crawfurdstoun depones in answer to castle-stewart's fourth interrogatory . ) that they would be run down , unless the lords were sent for . and by what the master of stairs further depones , it is evident , that he was then in the tolbooth ; so he depones positively as to the two barons that came out , but only upon hear-say , as to what they told the lords . yet he goes in to the meeting with the lords , who went in as soon as the motion was made for th●● being called , as appears by crawfurdstoun's instrument , and his oath in answer to castle-stewart's fourth interrogatory , whereon he depones , that he had set down all in his instrument in order , as they were done in the meeting , and he mentions nothing in his instrument to have been done betwixt the motion for the lords being called , and their in coming . from all which premisses , it being most evident , that , through the whole course of this affair , there has appear'd more of premeditate design , to obstruct lord basil hamilton's election , than of any hopes of getting castle stewart chosen ; that all the groundless amusements , about the sheriff's pretended encroachment , could not possibly have the least influence , so as to infer a nullity on lord basil's election , but were super-induced only , to wave and alleviate those manifest and undeniable encroachments that have been made by the lords and master of stairs , on the barons freedom of election ; that the witnesses adduced for castle-stewart do not only contradict one another , but do also contradict themselves 〈…〉 , that crawfurdstoun's pretended historical instrument is a continued rapsody of falshoods inconsistencies & contradictions ; that the witnesses adduced for lord basil are gentlemen of unquestionable honour and probity , all agreeing in what they depone : and depones nothing but what is confirmed even by all that 's adduced for castle-stewart : and the lords encroachments being of most dangerous consequence to the freedom of all the barons and burrows in the nation , it cannot be doubred , but that the parliament will take the same into their consideration , and according to justice , not only admit of lord basil's commission , but also fall upon such methods , as may prevent the like encroachments for the future . information, for sir john, hall lord provost of edinburgh, robert chiesly and james bowdoun baillies, sir archibald muir, patrick halyburtoun, william meinzies, william hutcheson, and george stirling. against james mclurg, george clerk, robert blackwood, william paton and others. hall, john, sir, fl. 1692. 1692 approx. 36 kb of xml-encoded text transcribed from 6 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). b03783 wing i164k estc r178654 52211850 ocm 52211850 175704 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. b03783) transcribed from: (early english books online ; image set 175704) images scanned from microfilm: (early english books, 1641-1700 ; 2747:5) information, for sir john, hall lord provost of edinburgh, robert chiesly and james bowdoun baillies, sir archibald muir, patrick halyburtoun, william meinzies, william hutcheson, and george stirling. against james mclurg, george clerk, robert blackwood, william paton and others. hall, john, sir, fl. 1692. 10 p. s.n., [edinburgh : 1692] caption title. publication data suggested by wing. against the complaint that there were irregularities in the elections for the magistrates of edinburgh. reproduction of the original in the national library of scotland. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder 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assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hall, john, -sir, fl. 1692 -trials, litigation, etc. -early works to 1800. mclurg, james, fl. 1692 -trials, litigation, etc. -early works to 1800. elections -scotland -edinburgh -corrupt practices -early works to 1800. municipal government -scotland -edinburgh -early works to 1800. edinburgh (scotland) -officials and employees -selection and appointment -early works to 1800. 2008-03 tcp assigned for keying and markup 2008-05 spi global keyed and coded from proquest page images 2008-07 john pas sampled and proofread 2008-07 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion information , for sir john , hall lord provost of edinburgh , robert chiefly and james bowdoun baillies , sir archibald muir , patrick halyburtoun , william meinzies , vvilliam hutcheson , and george stirling . against james m clurg , george clerk , robert blackwood , vvilliam paton and others . the complainers designing to get themselves in to the magistracy of edinburgh , and to get mr. david dalrymple made conjunct-clerk with aenea ' m cleod , have raised a reduction before your lordships , of the three last successive elections , upon several pretended violations of the set , and concluding further , that the defenders may be punished in their persons and goods ; the which complaint being given in , and read before your lordships , it was alledged for the defenders , that there could be no process for annulling the last election , because all parties therein concerned were not called , viz. baillie chartres , baillie baird , michael allan , george warrander , andrew bruce , john robertson , hugh blair , mr. henry ferguson , samuel m clellan , archibald rule , alexander thomson , john pringle , james crafurd , william livingstoun , william meldrum , george dalgleish , members of the counsel of twenty five , whose election cannot stand , if the defenders election be annulled . to which it was replyed for the complainers , that the defenders who are called , are the principal parties concerned in the irregularities lybelled , so that there was no necessity to call any others . to which it was duplyed for the defenders , that these of the magistrats and council who are not called , tho they cannot be prejudged by any punishment , concluded against the defenders in their persons or goods , because it is possible they have been less active in the late elections than some of the defenders have been , yet it is impossible that the defenders election can be reduced , and the election of the other magistrats and members of council stand in force , tho less guilty of irregularities , since all the informalities lybelled against the election of any of the defenders , strike likeways at the election of these who are not called , and it is inauditum , that parties rights were ever annulled by a process to which they were not called , and therefore there can be no process sustained on the first member of the conclusion , viz. to annul the defenders election , till the rest be called , unless the complainers design , that the election should fall quoad these who will not vote for them , and should stand good quoad these from whom they expect friendship ; and as there can be no process quoad the first conclusion against the defenders till the last be called , neither can there be any process quoad the second conclusion of punishing the defenders in their persons and goods , for that is consequent from , and dependent on the first conclusion , for as long as the elections are not annulled , the defenders cannot be punished for their accession thereto . upon this debate , your lordships before answer thereto , ordained the hail cause to be debate before your lordships . vpon which , the defenders answers to the whole pretended violations lybelled , were read in your lordships presence . after which the pursuers insisted on this head , that albeit your lordships had appointed the two merchant-counsellors to vote proprio jure , upon a bold and impudent assertion made by the defenders advocats , yet these two counsellors were only allowed to vote as proxies , so that sir archibald muir's first election to be provost was unwarrantable , being contrair to your lordships command , and if these two old counsellors had no right to vote proprio jure , then the former election of eight proxies could not be quarreled by the defenders on that ground . to which it was answered for the defenders , that they opponed their former answers , viz. that quoad the two first elections which are now past , and the persons thereby chosen gone out of their office by course , there can be no process for annulling these elections , or turning the magistrats out thereof , but the complainers , if they design to prevent any of these informalities in time to come , ought to insist in their declarator before the judge competent , which they raised an year and a half ago , since all the complainers mistakes arises from their mis-interpretation of some obscure passages in the set , which are competent to be explained by the lords of the session . 2. any pretended informalities in the two last elections , cannot be insisted on as grounds to annul the last election , otherways the magistracies of burghs would be very unsecure for fourty years space , if there were any errour in the preceeding elections during that time . 3. as to the pretence insisted on , as to the two old counsellors , which is the complainers achilleum argumentum , chosen out by them of the many informalities lybelled against sir archibald muir's two elections . to this it was answered , that tho the complainers , according to their wonted modesty , do say , that it was a bold and impudent assertion to affirm the old merchant-counsellors had right to vote proprio jure , yet the defenders do still assert , that the old merchant-counsellors are a part of the council of 30 , which council of 30 is appointed for leeting , and which council of 30 consists of 18 of the new council and 12 of the old , which 12 consists of the 7 old magistrats , 3 old merchant-counsellors , and 2 old trades-counsellors , as appears by the set pag. 5. so that in order to the leeting , no proxies can be chosen in place of the old merchant-counsellors , unless they be absent after they are required to come , and therefore since these that were old counsellors were received , and proxies chosen for the rest , the election cannot be quarrelled upon that informality . 4. by the books it is clear , that captain baillie was admitted proprio jure , he being designed an old counsellor , & not a proxie , & that patrick johnstoun was admitted as a proxie , which was done because he had not been an old merchant-counsellor for the year preceeding , but had been chosen a merchant-counsellor for that current year , and shortly after his being made a counsellor , he was chosen baillie of leith , whereby he became to be no member of the town council , and so was capable to be chosen a proxie . to this it was replyed , that the complainers insist on the nullities of the first two elections , only in order to annul the last , as being done by these persons who had been themselves illegally elected , and that of all these nullities in the first two elections , they now insisted on that anent the two old merchant-counsellors , who ( the defenders say ) had right to vote jure proprio , and which was so appointed by your lordships , and yet one of them is admitted as a proxie , for albeit patrick johnstoun ( who according to the defenders own alledgance the last year before your lordships , was an old counsellor ) was allowed to vote , yet it was qua proxie , and not proprio jure , and which the defenders did of purpose , that he might not have a vote in the electing of the rest of the proxies , which he would have had if he had voted proprio jure , & yet neither captain baillie , nor he did vote in the election of proxies , for the books bear no such thing . to which it was duplyed for the defenders , that they oppone their former answers , bearing , that no informality in the two first elections can be grounds to annul the last election , it being legally carried on . and as to the article now insisted on , the defenders oppone the express words of the set , and the uncontroverted custom of the burgh , to the complainers shameless clamour , in calling it a bold and impudent assertion , for this assertion in jure , viz. that old counsellors jure proprio , have right to vote in the leeting , as being a part of the old counsel of 12 , which with the new council of 18 , makes up the number of 30 , no man but the complainers will controvert , and as to the assertion in facto , that captain baillie and patrick johnstoun were both old counsellors , it was a mistake in the lawyers , without any design , for captain baillie's right proprio jure to vote , had the same weight in law to hinder the election of proxies for him , as both captain baillie and patrick johnstoun , being old counsellors would have had to have hindered proxies to be chosen for them , for one or two , does not alter the case in law , for there is idem juris quoad partem , as quoad totum ; and therefore sir archibalds muirs election cannot be quarrelled , because the two old merchant-counsellors did not vote proprio jure , since de facto there was but one of them an old counsellor , who is presumed to have voted accordingly , and the other was chosen as a proxy , because he was elected a counsellor only for that current year , which counsellors place did vaick shortly thereafter , by his being made baillie of leith . neither can the complainers pretend any prejudice , by not admitting the saids two persons to vote proprio jure , since the complainers cannot deny but both their votes were against them in the leeting & election ; so that the complainers could have no advantage by their voting in the proxies , like as de facto , james baillie who was the only old merchant-counsellor , is presumed to have voted in the election of proxies , if he came in before the proxies were elected , and if he came not in till after the proxies were elected , then he had no right to vote , for votes of courts are not rescinded upon the incoming of members thereafter that were not present thereat : and it is strange to pretend that captain baillie did not vote in the election of proxies , because the books do not bear him to have voted thereto , and that he is not marked in the sederunt of twenty two , since he could not be marked in the sederunt , he not being present when they sate down , but being called in thereafter by them , and allowed to vote as an old counsellor , in obedience to your lordships order , and since there is nothing marked in the books that he desired a vote , and was refused , it must be presumed that he did vote to all the votes that were voted after he came in , for there is nothing marked expresly that the twenty two did vote , and not he . upon this , your lordships appointed the complainers to insist upon the violations of the set libelled , to have been made at the last election . after which the pursuers insisted on this ground , that george stirling and william meinzies did vote in the last election , tho they had been more than two years on the council , without being office-men , or by vertue of their office thereon . to which it was answered , that william meinzies was chosen thesaurer at the popular election , in which he continued till martinmass 1690 , after which he continued on the council as old thesaurer till june 1691 , at which time he was elected one of the four old baillies , in which station he continued till michaelmass last , and was then chosen old dean of guild , and it cannot be denied , but that thesaurer , old thesaurer , old baillie , and old dean of guild are offices : and for george stirling , he was by the popular election chosen trades-counsellor , wherein he continued till michaelmass 1689 , and was then chosen deacon of the chirurgions by his trade , and deacon-conveener by the magdalen chappel , and a counsellor by vertue of his office , as deacon , by the town council , wherein he continued till michaelmass 1691 , and then was chosen a trades-counsellor , whereof there is only one year yet run out ; and it is clear by the set , that a deacon-counsellor and a trades-counsellor are distinct , and that the set forbids only a counsellor to continue longer on the council than two years , unless he be an office-man , or there , by vertue of his office , and therefore george stirling being there two years by vertue of his office , as deacon , and one year as trades-counsellor , he has not contraveened that part of the set , since it has been the constant custom for trades-men to be upon the council two years as trades-counsellors , and two years as deacon-counsellors , as appears by the instances given in the answers , and may be given in several others . to which it was replyed , that it appears by the set , that there is nothing understood by offices thereby , but provost , baillies , dean of guild , and thesaurer , as appears by the 15 page of the set , where none are named as office-men but the seven magistrats , and the words ( or by vertue of their office ) is only understood of the old magistrats , and therefore william meinzies & george stirling , who were never present magistrats , cannot continue longer than two years on the council by vertue thereof , for a deacon is not an office , and an old magistrat is not an office , unless in the person of him who was once a present magistrat , and no respect can be had to any former practice which was a violation of the set , the act of the convention of states appointing all elections after the popular election to be according to the set. to which it was duplyed , that it is a gross mistake to alledge that by the set the present magistracy is only called an office , for albeit in the 15 page of the set the words are ( to proceed to the choosing of the leets to the magistrats and office-men , such as provost , baillies , dean of gild , and treasurer ) yet that does not inferr that a deacon-ship is not an office , for the subject treated there is not all office-men , but magistrats and office-men who are taxatively exprest to be by the subjoyned exegesis , provost , baillies , dean of gild , and treasurer ; and the defenders acknowledge that there is a difference betwixt office-men simply , and them that are magistrats and office-men joyntly : but to take off this quible as the 10 page of the set appoints none to be more than two years on the council , except they be office-men , or by vertue of their office ; so the 11 page , in that same chapter , appoints that none be continued in their office of deaconship above two years together , so that it is undenyable that by the set , a deaconship is reckoned an office , in opposition to a simple counsellor , and in contradistinction to a magistrat ; who is both a magistrat and an office-man complexly , unless the complainers would have a priviledge to expound the word office other wayes in the 10 page , then in the 11 page ; because it serves their turn : likeas their fancy in expounding ( office to be present magistracy , and be vertue of their office to be old magistracies ) is extravagant , for these words are exegetick and signifie the same thing , since an office-man is on the council be vertue of his office , and he that is on the council by vertue of his office , must be an office-man ; and it is certain that these words comprehend the old and new magistrats , and the six ordinary deacons , and excludes only the members of council new and old , who are there only as single counsellors ; and it is ridiculous to pretend that one chosen in place of an old baillie , or an old dean of gild , is not al 's much an office-man , as he who served the year preceeding in whose place he is chosen , an evident instance whereof is , that a person chosen to be old dean of gild , who was never present dean of gild , judges in the dean of gild court , in absence of the present dean of gild , which he could not do , if the old dean of gild , as such , were not an office-man , and therefore william meinzies , his continuing more then three years under four distinct successive characters , and george stirling his continuing that space under two distinct characters , can be constructed no violation of the set , it having been practised in the cases of william hamiltoun , alexander reid , thomas sandilands , john cunningham , thomas kinkaid , james borthwick , john miln ; thomas somervel ; alexander thomson , james cockburn , michael gibson , john scot , and others . and which instances are adduced to instruct a constant custom not contrair to the set ▪ but agreeable thereunto , and which custom ought to expound the set , if there were any ambiguity therein as to this point as there is none ; neither does the act of convention cut off all former immemorial customs , inconsistent with the set ; and far less these customs that do explain and interpret the meaning threof : for the act of convention of estates , was only to regulat the popular election at that time , which was judged the only remedy against encroachments , made by the late governments upon the priviledge of this burgh , but no wayes designed to regulat subsequent elections , which the convention left to be according to law , without the least thought of rectifying any immemorial customs , prior to the incroachments made by the late governments , which customs are indeed a part of the sett , and constitution of the burgh . 2. the pursuers insisted on that pretence that william carss , who was one of the eight extraordinary deacons , was chosen to be one of the council of twenty five , whereby the number of thirtie eight electors , was abridged , which forced the defenders to this absurdity , that they behoved to elect thomas campbel as a proxie to vote for william carse ( who was present ) to make up the number of thirtie eight . to this it was answered . that the defenders admire how the complainers ingenuity allows them to insist on so frivolous a pretence , which is so fully taken taken off by the defenders answers , for the set putting no limitation on the council , to chuse any free trades-man to be a trades-counsellor , to make up the ordinary council of twenty five , that a present deacon without doors should be incapable to be advanced from one of the extraordinary deacons , to be one of the ordinary council , passes the defenders understanding : for since all the twenty five of the ordinar council are constituent members of the council of thirty eight , what can hinder one of the thirty eight to be advanced to be one of the twenty five ; for albeit thereby there be a vacancy quoad one of the thirty eight , that vacancy has easily and frequently been supplied , by calling him who was formerly deacon to vote in his place , conform to the 19. page of the set ; for it cannot be denied , but that a person who is a member of a court by his office as a deacon , when he gets an higher character in that court , to wit , to be a trades-counsellor , his place is vacant , and he as in the first character of a deacon is absent , so that his room must be supplied , but there is no proxie to to be chosen for a deacon absent or dead , only by the set , the preceeding deacon supplies the room that was his , and therefore thomas campbel did not vote as proxie for william carse , who was present , but did supply the room of the deacon of the fleshers in the council of thirty eight , which was vacant through william carse his promotion to be a trades-counsellor , in the council of twen-five ; and as there is no shadow of reason to complain of this as a breach of the set , which is so agreeable thereunto , and has been the constant practice hitherto , so it is most malitious in the complainers to urge the same as a prejudice done to them , since both william carse and thomas campbel voted their way against the defenders . and it is admired how the complainers justifie some practises , ●ho contrair to the set , because of a long custom , and yet quarrel these practices of the town council , which are agreeable both to the set and custom : because they fear that they may obstruct their present design . 3. the complainers did insist on this pretence , that the proxies who were chosen the day before to leet , were thrown out the day of election , though by the set , these that leet are to elect ; and as the parties for whom they are proxies for leeting , could not be removed the day of election , no more could their proxies be removed that day . to which the defenders oppons their former answers , and the set , which does not appoint the thirty that voted to the leeting , to vote at the election with the eight extraordinarie deacons , but appoints only the thirty of the old and new council to vote with the eight extraordinarie deacons ; and it is strange to pretend , that because an ordinar member cannot be changed , therefore his proxie cannot be changed ▪ for proxies are only chosen to supply the absence of persons for that diet they are called to , and are alterable at the councils option , as is clear by immemorial custom : and since leeting and electing are different things , it is not necessarie that he who was proxie to the first , should be proxie to the second : for then a person who is once a proxie for a man , behoved to continue as proxie for him during all the time of his office & absence . so that if a baillie should go out of the country the first month of his election , and be absent all that year , he that were then chosen proxie for him , behoved to continue till the end of that year , which were absurd , and inconsistent with the immemorial custom of changing of proxies every diet , and in this particular case complained on , there were only three proxies called in the day of leeting , viz. george home for the old provost , alexander baird for samuel m cclellan who was a merchant-counsellor , and james bowdoun for george fullertoun another merchant-counsellor , which george fullertoun returning the night before the election , upon the the morrow he voted jure proprio to the election : likewayes george home voted as proxie for the old provost , so that there were none of the proxies altered but alexander baird , to whom the then provost sent an officer the night before the election , to intimate to him , that he needed not come the next day to the council ; at which time the council chused james bowdoun proxie for samuel m cclellan , so that alexander baird having got intimation the night before , that he was not to be a proxie to the election , he could complain of no incivility , being that day elected a baillie . 4. the complainers insisted on this pretence , that the extraordinary deacons were not allowed to vote at the election of proxies , for making up the number of thirty eight electors , though they were present and demanded it . to which it was answered , that the defenders oppone their former answers and the set , which appoints , page 19. that if any of the provost , baillies and council be absent , the rest who are present , shall choose another in their room : by which word , council , is meaned , the council of thirty for leeting , and not the council of thirty eight for electing , as appears unanswerably from this , that that chapter concerns two distinct points , viz. the supplying of absent deacons not of the council , and the supplying the room of the provost , baillies , and council : and as to the first point , anent a deacon not of the council , his being absent , it appoints the last deacon , or he that was in the leet with him , to supply his room ; so that the set determines who shall supply the place of an absent extraordinary deacon , without allowing a proxie to be chosen for him , either by the extraordinary deacons , or by the ordinar council , or both : and then it says , if any of the provost , baillies , or council be absent , the rest who are present shall choose ; which rest , must be the rest of that number , whereof any are absent , which is of the provost , baillies and council in contra-distinction to the extraordinary deacons ; and it were unreasonable , that when there are no proxies to be chosen for extraordinary deacons , ( and so the ordinary council can have no vote in choosing of them ) that yet the extraordinary deacons should have vote in the election of proxies , for representing the leeters , and which is so strange , that it was never heard of till now , that the complainers zeal has made them find that in the set , which was never dreamed of before . 5. the complainers insisted on this ground , that albeit by the set it be provided , that before they proceed to elect , there shall be an oath administrat to the electors , that they shall choose the persons most meet , without favour , hatred , or collusion , yet that was refused , though it was demanded by robert blackwood , and instruments taken thereon . to this it was answered , that the defenders oppone their former answers , viz. that the pretence is false and calumnious , for upon robert blackwoods making , and insisting in that motion , the then provost told the council , that by their oath de fideli , they were bound to give the votes of their consciences , and that they were to give the saids votes as in the presence of god ; to which they all gave their assent , and in particular robert blackwood , who acknowledged , that he was satisfied therewith , which is sufficient to satisfie the set , unless there were a difference betwixt assenting to give their votes of their consciences in the presence of god , and solemnly protesting before god ; which difference is a niceity more suitable to jesuitical philosophy , than to solid divinity and law , and that they did assent to give the votes of their consciences , as in the presence of god , it is hoped , is sufficiently proven by the instrument , and depositions of the witnesses adduced . 6. the complainers insisted on this ground , that george stirling , and the other persons mentioned in that article of the libel , did enter into a conspiracy , by signing a paper under their hand , to adhere to sir john hall. to which the defenders repeated their former answer , viz. that the same was false and calumnious . after this debate the complainers pretending with a great deal of confidence , that all the matters of fact asserted by them , were sufficiently proven by the books and registers produced , did judicially pass from all probation by witnesses ; but there being a committee appointed by your lordships , for examining the defenders witnesses , adduced for proving their libel of reconvention , the complainers did refile , and pressed to have witnesses examined upon several points of their libel , and among the rest , they urged before the lords of the committee , that witnesses might be received for proving the pretended conspiracy for adhering to sir john hall , and contended that the same was probable prout de jure , by writ , witnesses , or oath of party . to which it was answered , for the defenders before the committee , 1. that the libel being a combination in writ , by the defenders alledged signing a paper to adhere to sir john hall , is only probable scripto , because such a combination without writ to that purpose is no crime , it being ordinary in the magdalen chappel , for the lesser part to be concluded by the major , and to promise to vote in the council as the pluralitie did in the chappel ; especially seing if any such paper were produced , it might be a null paper not probative against the defenders . 2. that the combination libelled , was not probable juramento partis , because it is a contravention of the 78. act of the 14. parliament king james the second , discharging any leagues or bonds to be made within burgh , but at the commandment of the head-officer , under the pain of confiscation of their goods , and their lives to be at the kings will : so that the combination libelled , being a capital crime , or at least infamie , the defenders are not holden to depone thereupon . to which it being replied before the committee , 1. that crimes are probable prout de jure especiallie done before many witnesses , as this which was done in the magdalen chappel before the whole deacons . 2. the complainers not insisting for the defenders life and limb , they are oblig'd to depone upon the combination , especiallie their majesties privy council restricting the same to an arbitrary punishment . to which it was duplied for the defenders , to the first , that a crime whereof the nature is to be in writ , and without which it will not be a crime , it cannot be proven but by the writ , against the nullities whereof the defenders might object , if it were produced . 2. persons by the claim of right are not oblig'd to depone against themselves in capital crimes , howsoever the punishment be restricted ; besides , that their majesties privy council have no ways restricted the punishment here , nor would their declaration prejudge his majesties interest , but that his advocat might thereafter insist before the justices for the same crime . this debate being reported to your lordships by the lords of the committee , your lordships found it probable by witnesses . writ , or oath of party , in the complainers option , whereupon the complainers past from any probation by witnesses of the pretended combination , and offered to prove the same scripto , vel juramento partis ; and in order to get the same proven scripto , by production of the pretended paper , they urged six or seven of the defenders , to depone anent the having of the writ , and fraud fully away-puting the same , and these defenders having deponed negatively , the complainers urged that they might depone upon the tenor and import of the paper lybelled on , and it being alledged for them before the lords of the committee , that the complainers could not make use of two manners of probation , viz. scripto , & juramento partis ; and therefore since they had taken themselves to probation scripto , by production of the paper it self , and in order thereto had forced the defenders to depone anent their having the same , or knowing where it was , they could not now make use of the defenders oaths for proving of the tenor of the paper , which was to prove that article juramento partis , after they had attempted to prove the same scripto , and the complainers replying , that this combination was pessimi exempli , and therefore it should be narrowly lookt into , and should not go uncensured , tho the paper cannot be produced , and therefore the defenders could not refuse to depone upon the tenor , since every one of their oaths can only be probative against themselves . upon this the lords of the committee appointed the saids defenders to depone upon the tenor and import of the paper libelled . and it being alledged that they were content to depone in the precise terms of the libel , viz. that they had subscribed no paper obliging them to adhere to sir john hall , and the complainers replying that they ought to depone upon the whole tenor and import of the foresaid paper , what it was , if it was not oblidgment to adhere to sir john hall , that the lords might thereupon judge what the paper imported , whereupon the lords of the committee appointed several of the defenders to depone anent the whole matter , relating to the said pretended combination ; by whose depositions it clearly appears , that there was no paper subscribed by them obliging them , or promising that they should adhere to sir john hall , which they deny in formal terms ; but all they depone is , that the magdalen-chappel having split votes , the major part being for james m clurg , the deponers having voted for sir john hall were prest by some of the complainers not to break the unity of the chappel , but to be concluded with the plurality , and to vote for james m clurg , whereupon the deponers then declared , that they had voted according to their consciences , and that they were not to blame for the breaking the unity of the chappel , because the deacon-conveener occasioned the same , by his declaring to them some days before , that he would vote for sir john hall , encouraging them thereto , by declaring that the chappel would be equal , and he would give his casting vote , which answer did not satisfie some of the complainers , but they still prest that the deponers might either be concluded by the vote of the plurality , or else that they should be extruded the chappel , which forced the depones to sign a declaration in their own vindication , be●ring , that the deacon-conveener declared to them he would be for sir john hall , and that he himself had altered his mind , and now blamed them for voting for sir john , in which paper there was no engagement on them to adhere to sir john hall , nor so much as a declaration of their design for whom they would vote , except their design were inferred from this , that they had already voted for sir john hall : so that it is evident and undenyable , that this calumnious article of the bond of combination was libelled on , of design to get some shadow and pretence to make this a council process before your lordships , there being no other article , but what was competent to have been pursued before the judge ordinar : in respect of all which , the defenders ought to be assoilzied from this groundless and calumnious pursuit : and if the least scruple there anent remain with your lordships , ( as is hoped there can be none , ) it is humbly desired , that your lordships would remit the same to be discust summarly before the lords of session , as was done by your lordships predecessors in the like case pursued by some of the neighbours against sir andrew ramsay , and that in respect that any difficulties arising here , are occasioned by the complainers niceties and quiblings upon some passages of the set , for detorting the true meaning thereof , and which being debates anent the point of right will easily be cleared by the lords of session . or otherways , it is humbly desired , that your lordships would be pleased to advise with his majesty what is proper to be done in this process , in respect it is of great import to the government of the kingdom , and will be a preparative either for settling or unsecuring generally the magistrats of the whole royal burrows . some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament cautions to those who are to chuse members to serve in parliament halifax, george savile, marquis of, 1633-1695. 1695 approx. 53 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-03 (eebo-tcp phase 1). a44836 wing h322 estc r11626 12832822 ocm 12832822 94343 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44836) transcribed from: (early english books online ; image set 94343) images scanned from microfilm: (early english books, 1641-1700 ; 382:17) some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament cautions to those who are to chuse members to serve in parliament halifax, george savile, marquis of, 1633-1695. 32 p. [s.n.], london : 1695. written by george savile, marquis of halifax. cf. bm. published also as: cautions to those who are to chuse members to serve in parliament. first published in 1695. cf. bm. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -parliament. elections -great britain. 2003-10 tcp assigned for keying and markup 2003-10 aptara keyed and coded from proquest page images 2003-11 olivia bottum sampled and proofread 2003-11 olivia bottum text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . london : printed in the year mdcxcv . some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . i will make no other introduction , than 〈◊〉 it is hoped the counties and burroughs will remember in general , that besides other consequences , they will have the credit of a good choice , or the scandal that belongeth to an ill one . the creators will be thought like their creatures ; and therefore an ill choice will either be a disparagement of their understanding , or their morals . there cannot be a fuller approbation of a thing , than the chusing of it ; so that the fault of the members chosen , if known before-hand , will be judged to be of the growth of that county or burrough , after such a solemn approbation of them . in short , those who send up their representatives to westminster , should take care they may be such as will do them right , and their countrey honour . now to the particulars . i. a very extraordinary earnestness to be chosen , is no very good symptom : a desire to serve the nation in parliament , is an english man's ambition ; always to be encouraged , and never to be disapproved . a man may not only be willing to stand , but he may declare that willingness to his friends , that they may assist him , and by all the means becoming a modest and prudent man , he may endeavour to succeed , and prevent the being disappointed in it . but there is a wide difference between this and the raising a kind of a petty war in the county or corporation ; entring the lists rather for a combat than an election ; throwing fire-balls to put men into a heat , and omitting to spread no reports , whether true or false , which may give an advantage by laying a blemish upon competitor . these methods will ever be suspicious ; it will never be thought a natural thing for men to take such extravagant pains for the meer sake of doing good to others . to be content to suffer something for a good end , is that which many would do without any great repugnance : but where a man can honestly propose nothing to himself , except troubles , charge and loss , by absence from his own affairs , to be so violent in the pursuit of so ill a bargain , is not at all suited to the languishing virtue of mankind so corrupted . such a self-denying zeal in such a self-seeking age , is so little to be imagin'd , that it may without injury be suspected . therefore when these blustring pretenders come upon the stage , their natural temper and other circumstances ought to be very well consider'd , before men trust them with the disposal of their money , or their liberty . and i am apt to believe , there could hardly be found one single man whose other qualifications would over-ballance the objections that lye against such importunate suitors . ii. recommending-letters ought to have no effect upon elections . in this i must distinguish ; for tho in strictness perhaps there should be no exception ; yet in compliance with long practice , and out of an indulgence that is necessary in a time when mankind is too much loosened from severe rules , to be kept close up to them , letters sent only from equal men , doing good men right by giving evidence in their behalf , offering them as fitly qualified , when they really are so , and freeing them from unjust aspersions , may be still allowed . the letters i mean , are from men of power , where it may be beneficial to comply , and inconvenient to oppose . choice must not only be free from force , but from influence , which is a degree of force : there must be no difficulty , no apprehension that a refusal will be ill taken , or resented . the freeholders must be freemen too ; they are to have no shackles upon their votes in an election ; and the men who stand , should carry their own letters of recommendation about them , which are their good character and behaviour in the world , without borrowing evidence , especially when it cometh from suspected hands . those who make use of these epistles , ought to have no more advantage from them , than the muscovites have from the letters put into their hands when they are buried , to recommend them to st. nicholas . the first should as little get admittance for men into the parliament , as these letters can introduce the bearers into heaven . the scandal of such letters lieth first in the arrogant imposing of those that write them , and next in the wretched meanness of those that need them . men must be fallen very low in their credit , who upon such an occasion have a recourse to power to support it : their enemies could not give stronger evidence of their not being fit for that which they pretend to . and if the electors judge otherwise , they will be pretty sure in a little time to see their mistake , and to repent it . iii. non-attendance in former parliaments ought to be a bar against the choice of men who have been guilty of it . it is one of the worst kinds of non-residence , and the least to be excused : it is very hard that men should despise a duty , which perhaps is the only ground of the respect that is paid to them . it is such a piece of sawciness for any one to press for the honour of serving in parliament , and then to be careless in attending it , that in a house where there were so many officers , the penalty had not been improper to have cashier'd them for not appearing at the general muster . if men forbear to come out of laziness , let them be gratified by taking their ease at home without interruption : if out of small cunning to avoid difficulties , and to escape from the inconvenience of voting in critical cases , let them enjoy that despicable pitch of wisdom , and never pretend to make a figure where the publick is to be served . if it would not be thought advisable to trust a man immediately after he hath been drawn out of a gaol , it may be as reasonable to look upon one who for his non-attendance in the house hath been sent for in custody , as a kind of bankrupt , which putteth him upon unequal terms with those who have been assiduons in the discharge of their duty . they who thought fit in one session to neglect the publick business , may be justly suspected , by their standing , in the next to intend their own . besides these more deliberate offenders , there are some who do not attend even when they are in the house ; absent in their thoughts for want of comprehending the business that is doing , and therefore diverted from it by any thing that is trivial . such men are nusances to a serious assembly ; and when they are numerous , it amounteth almost to a dissolution ; it being scarce possible for good sence to be heard , whilst a noise is made by the buzzing of these horse-flies . the roman censors who degraded a senator for yawning whilst there was a debate , would have much more abundant matter here upon which they might exercise their jurisdiction . to conclude this head , there are so few that ever mended in these cases , that after the first experiment it is not at all reasonable to take them upon a new trial. iv. men who are unquiet and busy in their natures , are to give more than ordinary proofs of their integrity , before the electing them into a publick trust can be justified . as a hot summer breedeth greater swarms of flies , so an active time breedeth a greater number of these shineing gentlemen . it is pretty sure , that men who cannot allow themselves to be at rest , will let no body else be at quiet . such a perpetual activity is apt by degrees to be applied to the pursuit of their private interest . and their thoughts being in a continual motion , they have not time to dwell long enough upon any thing to entertain a scruple . so that they are generally at full liberty to do what is most convenient for them , without being fettered by any restraints . nay further ; whenever it happeneth that there is an impunity for cheating , these nimble gentlemen are apt to think it a disparagement to their understandings not to go into it . i doubt it is not a wrong to the present age , to say , that a knave is a less unpopular calling than it hath been in former times . and to say truth , it would be ingratitude in some men to turn honest , when they owe all they have to their knavery . the people are in this respect unhappy ; they are too many to do their own business ; their numbers , which make their strength , are at the same time the cause of their weakness ; they are too unweildy to move ; and for this reason nothing can ever redeem them from this incurable impotency : so that they must have solicitors to pursue and look after their interests ; who are too often disposed to dispense with the fidelity they owe to those that trust them ; especially if the government will pay their bills without abatement . it is better these gentlemen's dexterity should be employed any where than in parliament , where the ill consequence of their being members is too much diffused , and not restrained to the county or burrough who shall be so unwary as to chuse them . v. great drinkers are less fit to serve in parliament than is apprehended . men's virtue , as well as their understanding , is apt to be tainted by it . the appearance of it is sociable and well-natur'd , but it is by no means to be reli'd upon . nothing is more frail than a man too far engaged in wet popularity . the habit of it maketh men careless of their business , and that naturally leadeth them into circumstances that make them liable to temptation . it is seldom seen , that any principles have such a root , as that they can be proof against the continual droppings of a bottle . as to the faculties of the mind , there is not less objection ; the vapours of wine may sometimes throw out sparks of wit , but they are like scattered pieces of ore , there is no vein to work upon . such wit , even the best of it , is like paying great fines ; in which case there must of necessity be an abatement of the constant rent . nothing sure is a greater enemy to the brain , than too much moisture ; it can the least of any thing bear the being continually steeped : and it may be said , that thought may be resembled to some creatures which can live only in a dry country . yet so arrogant are some men , as to think they are so much masters of business , as that they can play with it ; they imagine they can drown their reason once a day , and that it shall not be the worse for it ; forgetting , that by too often diving the understanding at last groweth too weak to rise up again . i will suppose this fault was less frequent when solon made it one of his laws , that it was lawful to kill a magistrate if he was found drunk . such a liberty taken in this age , either in the parliament or out of it , would do terrible execution . i cannot but mention a petition in the year 1647 , from the county of devon , to the house of commons , against the undue election of burgesses , who are strong in wine and weak in wisdom . the cause of such petitions is to be prevented by chusing such as shall not give handle for them . vi. wanting-men give such cause of suspicion where-ever they deal , that surely the chusers will be upon their guard , as often as such dangerous pretenders make their application to them . let the behaviour of such men be never so plausible and untainted , yet they who are to pitch upon those they are to trust with all they have , may be excused , if they do not only consider what they are , but what they may be . as we pray our selves we may not be led into temptation , we ought not by any means to thrust others into it ; even though our own interest was not concerned ; and sure when it is , the argument hath not less force . if a man hath a small estate , and a numerous family ; where it happeneth that a man hath as many children as he hath tenants , it is not a recommending circumstance for his election . when it cometh to be the question with such a man , whether he shall be just to the publick , or cruel to his family ? it is very possible the decision may be on the side of corrupted nature . it is a compliment to this age , which it doth not deserve , to suppose men are so ty'd up to morality , as that they cannot be pinched out of it ; especially now when it is called starving not to be embroidered , or served in plate . the men chosen to serve their countrey , should not be loaden with suits that may tempt them to assume privileges ; much less under such necessities as may more immediately prepare them for corruption . men who need a parliament for their own particular interest , have more reason to offer their service than others have to accept of it . and though i do not doubt , but there may be some whose virtue would triumph over their wants , let them be never so pressing ; yet to expose the publick to the hazard of being deceived , is that which can never be justifi'd by those that chuse . and tho it must be allow'd possible for a wanting-man to be honest , yet it is impossible for a man to be wise that will depend upon it . vii . there is a sort of men that have a tinsel-wit , which make them shine among those who cannot judge . club and coffee-house gentlemen , petty merchants of small conceits , who have an empty habit of prating without meaning ; they always aim at wit , and generally make false fire . their business is less to learn , than to set themselves out ; which makes them chuse to be with such as can only be witnesses of their small ingenuity , rather than with such as might improve it . there is a subordinate wit , as much inferior to a wit of business , as a fidler at a wake is to the lofty sound of an organ . men of this size are in no degree suited to the business of redressing grievances , and making laws . there is a parliament-wit to be distinguish'd from all other kinds ; those who have it , do not stuff their heads only with cavils and objections . they have a deliberate and an observing wit , a head turned to publick things ; men who place a greater pleasure in mending a fault , than in finding it out . their understanding directeth them to object in the right place , and not like those who go by no other rule , than to conclude , that must be the best counsel which was not taken . these whole-sale judges shew such a gross and peevish ignorance , that it appeareth so openly in all they say or do , that they give loud warning to all considering men , not to chuse them . viii . the dislike of slight airy men must not go so far , as to recommend heaviness in opposition to it , especially where men are convicted of it by experience in former sessions . as a lively coxcomb will seldom fail to lay in his claim for wit ; so a blockhead is apt to pretend , that his heaviness is a proof of his judgment . some have an universal lethargy spread upon their understanding without exception ; others have an insufficiency quo ad hoc , as in some cases men have quo ad hanc ; these last can never so turn their thoughts to publick business , as to give the attention that is necessary to comprehend it . there are those who have such a thick shell upon their brains , that their ignorance is impenetrable , and maketh such a stout resistance against common sense , that it will never be subdu'd by it : true heart of oak , ignorance that will never yield , let reason beat never so hard upon it ; and though their kind neighbours have at several elections sent them up to school again , they have still return'd the same incurable dunces . there is a false gravity that is a very ill symptom ; and it may be said , that as rivers , which run very slowly , have always the most mud at the bottom ; so a solid stiffness in the constant course of a man's life , is a sign of a thick bed of mud at the bottom of his brain . a dull man is so near a dead man , that he is hardly to be ranked in the list of the living ; and as he is not to be buri'd whilst he is half alive , so he is as little to be imploy'd whilst he is half dead . parliaments are now grown to be quite other things than they were formerly . in ancient times they were little more than great assizes ; a roll of grievances ; magna charta confirmed ; privileges of holy church preserved ; so many sacks of wool given , and away . now there are traps and gins laid for the well-meaning countrey-gentlemen ; he is to grapple with the cunning of men in town , which is not a little improv'd by being rewarded and encourag'd . so that men whose good intentions are not seconded and supported by some degree of ability , are as much the more dangerous , as they are less criminal than cunning knaves . their honest mistakes , for want of distinguishing , either give a countenance to , or at least lessen the scandal of the injurious things that are done to the publick ; and with leave ask'd for so odd an expression , their innocent guilt is as mischievous to the laws and liberties , as the most deliberate malice of those that would destroy them . ix . there is an abuse which daily increaseth , of sending such to parliament , as are scarce old enough to be sent to the university . i would not in this restrain the definition of these boys to the age of twenty one : if my opinion might take place , i should wish that none might be chosen into the house of commons under thirty ; and to make some equality , i should from the same motives think it convenient , that no lord should have a vote in judicature under that age. but to leave this digression ; i cannot see why the chusers should not at least make it a rule among themselves , not to send any man to represent them under the age of twenty five , which is the time of majority in most other places of the world . surely it is not that we are earlier plants than our neighbours . such supposition could neither be justifi'd by our climate , nor by the degree of latitude in which we are placed ; i must therefore attribute it to the haste our ancestors had ( and not without reason ) to free themselves from the severity of wardships . but whether this , or any thing else , was the cause of our earlier stepping into man's estate ; so it is now , that according to our laws , twenty one is the age of discretion ; and the young man is then vested with a legal , how defective soever he may be in his natural understanding . with all this , there ought to be a difference made between coming out of pupilage , and leaping into legislatorship . it is perhaps inconvenient enough that a man should be so soon let loose to destroy his own estate ; but it is yet worse , that he should then have a power of giving away other men's . the law must make general rules , to which there always will be some objections . if there were tryers appointed to judge when leading-strings should be left off , many would wear them a very great while , and some perhaps with their gray hairs ; there being no small number of old boys in all times , and especially in this . it is necessary therefore to make exceptions to this general rule , where the case so much requireth it , as it doth in the matter in question . the ground of sending these minors to parliament ought not to recommend the continuance of it to those who are lovers of liberty ; since it was by the authority and influence of great men , that their stripling sons were first receiv'd by the humble depending boroughs , or the complying counties . they called it , as many do still , the best school for young men. now experience hath shew'd us , that it is like a school only in this respect , that these youngsters when they are admitted , deserve to be whipp'd in it . if the house of commons is a school , it must be for men of riper age ; these are too young to learn there , and being elevated by a mistaken smattering in small politicks , they grow too supercilious to learn any where else ; so that instead of improving young promising plants , they are destroy'd by being misplac'd . if then they do themselves hurt by it , it is surer yet that they do the house no good by coming into it . they were not green geese that are said to have sav'd the capitol ; they were certainly of full age , or else their cackling could not have been heard , so as to give warning . indeed it look'd of late , when the fashion was to have long continu'd parliaments , as if we might plant a boy in the house with a prospect that he might continue there till he had grey hairs : and that the same sapling might have such a root , as that he might grow up to be timber without being remov'd . if these young men had skill enough to pitch upon some body in the house , to whom they might resign their opinion , and upon whose judgment they might lean without reserve , there might be less objection . but to speak truth , they know as little how to chuse , as those did who elected them ; so that there is no other expedient left , than the letting them alone . one may say , generally speaking , that a young man being too soon qualifi'd for the serious business of parliaments , would really be no good symptom . it is a sign of too much phlegm , and too little fire in the beginning of age , if men have not a little more heat than is convenient ; for as they grow older they will run a hazard of not having so much as is necessary . the truth is , the vigour of youth is soften'd and misappli'd , when it is not spent either in war or close studies ; all other courses have an idle mixture that cometh to nothing , and maketh them like trees , which for want of pruning run up to wood , and seldom or never bear any fruit. to conclude this head , it must be own'd , that there is no age of our life which doth not carry arguments along with it to humble us ; and therefore it would be well for the business of the world if young men would stay longer before they went into it , and old men not so long before they went out of it . x. next to these may be rank'd a sort of superfine gentlemen , carpet-knights , men whose heads may be said to be only appurtenances to their perukes , which intirely ingross all their care and application . their understanding is so strictly appropriated to their dress , that no part of it is upon pain of their utmost displeasure to be diverted to any other use . it is not by this intended to recommend an affected clown , or to make it a necessary qualification for a member of parliament , that he must renounce clean linen or good manners ; but surely a too earnest application to make every thing sit right about them , striketh too deep into their small stock of thoughts to allow it furniture for any thing else . to do right to the these fine-spun gentlemen , business is too course a thing for them , which maketh it an unreasonable hardship upon them to oppress them with it ; so that in tenderness to them , no less than out of care to the publick , it is best to leave them to their taylors with whom they will live in much better correspondence , when the danger is prevented of their falling out about privileges . xi . men of injustice and violence , in their private dealings , are not to be trusted by the people with a commission to treat for them in parliament . in the 4th of edw. 3. the king commandeth in his writs not to chuse any knights who had been guilty of crime , or maintenance . these warm men seldom fail to run into maintenance , taken in a larger extent . it is an unnatural sound to come from a man that is arbitrary in his neighbourhood , to talk of laws and liberties at westminster ; he is not a proper vehicle for such words , which ought never to be prophaned . an habitual breaker of the laws , to be made one of the law-makers , is as if the benches in westminster-hall should be filled with men out of newgate . those who are of this temper cannot change their nature out of respect to their countrey . quite contrary , they will less scruple to do wrong to a nation where no body taketh it to himself , than to particular men to whose resentments they are more immediately exposed . in short , they lye under such strong objections , that the over-ballance of better men cannot altogether purify an assemby where these unclean beasts are admitted . xii . excessive spenders and unreasonable savers are to be excluded , being both greedy from differing causes . they are both of them diseases of infection , and for that reason are not to be admitted into publick assemblies . a prodigal man must be greedy , because he thinketh he can never spend enough . the wretch must be so , because he will never think he can hoard enough . the world first admireth men's wisdom for getting money , and then raileth at them if they do not throw it away ; so that the prodigal man is only the less unpopular extreme ; he is every jot as well prepared as the miser to fall out with his morals , when once a good temptation is offered him to lay them aside . on the other side , some rich men are as eager to overtake those that are richer , as a running-horse is to get to the race-post , before the other that contendeth with him . men often desire to heap , rather because others have more , than that they know what to do with that which they covet with so much impatience . so that it is plain , the fancy hath as great a share in this imaginary pleasure of gathering , as it hath in love , ambition , or any other passion . it is pretty sure , that as no man was ever the richer for having a good estate , if he did not look after it ; so neither will he be the honester if he hath never so much . want of care will always create want of money ; so that whether a man is a beggar because he never had any money , or because he can never keep any , it is all one to those who are to trust him . upon this head of prodigality , it may be no unreasonable caution to be afraid of those who in former service have been extravagantly liberal of the publick money . trusting is so hazardous a thing , that it should never be done but where it is necessary ; so that when trustees are found upon trial to be very lavish , even without examining into the causes of it , ( which are generally very suspicious ) it is a reasonable part of preventing-wit to change hands , or else the chusers will pay the penalty that belongeth to good nature so misplaced , and the consequences will be attended with the aggravation of their not being made wiser by such a severe and costly warning . xiii . it would be of very great use to take a general resolution throughout the kingdom , that none should be chosen for a county but such as have either in possession , or reversion , a considerable estate in it ; nor for a burrough , except he be resiant , or that he hath some estate in the county , in present , or expectancy . there have been eminent men of law who were of opinion , that in the case of a burgess of a town not resiant , the court is to give judgment according to the statute , notwithstanding custom to the contrary . but not to insist now upon that , the prudential part is argument enough to set up a rule to abrogate an ill custom . there is not , perhaps , a greater cause of the corruption of parliaments , than by adopting members , who may be said to have no title by their births . the juries are by the law to be ex vicineto ; and shall there be less care that the representatives of the people be so too ? sure the interest of the county is best placed in the hands of such as have some share in it . the outliers are not so easily kept within the pale of the laws . they are often chosen without being known , which is more like chusing valentines , than members of parliament . the motive of their standing is more justly to be supposed , that they may redress their own grievances which they know , than those of the countrey , to which they are strangers . they are chosen at london to serve in cornwall , &c. and are often parties , before they come to be representatives : one would think the reproach it is for a county not to have men within their own circle to serve them in parliament , should be argument enough to reject these trespassers , without urging the ill consequences in other respects of their being admitted . xiv . as in some cases it is adviseable to give a total exclusion to men not fitly qualified ; so in others it is more proper to lay down a general rule of caution , with allowance of some exceptions , where men have given such proofs of themselves , as create a right for them to be distinguished . of this nature is that which i shall say concerning lawyers , who , by the same reason that they may be useful , may be also very dangerous . the negligence , and want of application in gentlemen , hath made them to be thought more necessary than naturally they are in parliament . they have not only ingrossed the chair of the speaker , but that of a committee is hardly thought to be well filled , except it be by a man of the robe . this maketh it worthy of the more serious reflection of all gentlemen , that it may be an argument to them to qualify themselves in parliamentary learning , in such a manner , as that they may rely upon their own abilities , in order to the serving their countrey . but to come to the point in question ; it is not without precedent , that practising-lawyers have been excluded from serving in parliament ; and , without following those patterns strictly , i cannot but think it reasonable , that whilst a parliament sitteth , no member of parliament should plead at any bar. the reason of it is in many respects strong in it self , and is grown much stronger by the long sitting of parliaments of late ; but i will not dwell upon this : the matter now in question being concerning lawyers being elected , which i conceive should be done with so much circumspection , that probably it would not often happen . if lawyers have great practice , that ought to take them up ; if not , it is no great sign of their ability ; and at the same time giveth a suspicion , that they may be more liable to be tempted . if it should be so in fact , that no king ever wanted judges to soften the stiffness of the laws that were made , so as to make them suit better with the reason of state , and the convenience of the government ; it is no injury now to suppose it possible for lawyers in the house of commons , so to behave themselves in the making of new laws , as the better to make way for the having their robes lined with fur. they are men used to argue on both sides of a question ; and if ordinary fees can inspire them with very good reasons in a very ill cause , that faculty exercised in parliaments , where it may be better encouraged , may prove very inconvenient to those that chuse them . and therefore , without arraigning a profession , that it would be scandalous for a man not to honour ; one may , by a suspicion , which is the more excusable when it is in the behalf of the people , imagine that the habit of taking money for their opinion , may create in some such a forgetfulness to distinguish , that they may take it for their vote . they are generally men who by a laborious study hope to be advanced : they have it in their eye as a reward for the toil they undergo . this maketh them generally very slow , and ill disposed ( let the occasion never so much require it ) to wrestle with that soil where preferment groweth . now if the supposition be in its self not unreasonable , and that it should happen to be strengthen'd and confirm'd by experience , it will be very unnecessary to say any more upon this article , but leave it to the electors to consider of it . xv. i cannot forbear to put in a caveat against men ty'd to a party . there must in every body be a leaning to that sort of men who profess some principles , more than to others who go upon a different foundation ; but when a man is drowned in a party , plunged in it beyond his depth , he runneth a great hazard of being upon ill terms with good sense , or morality , if not with both of them . such a man can hardly be called a free agent , and for that reason is very unfit to be trusted with the peoples liberty , after he hath given up his own . it is said , that in some part of the indies they do so affect little feet , that they keep them squeezed while they are children , so that they stay at that small size after they are grown men. one may say something like this of men lock'd up in a party ; they put their thoughts into such a narrow mould , that they can never be enlarged nor released from their first confinements . men in a party have liberty only for their motto ; in reality they are greater slaves than any body else would care to make them . a party , even in times of peace , ( tho against the original contract , and the bill of rights ) sets up and continues the exercise of martial law : once inrolled , the man that quitteth , if they had their will , would be hanged for a deserter . they communicate anger to one another by contagion : and it may be said , that if too much light dazzleth the eye-sight , too much heat doth not less weaken the judgment . heat reigneth in the fancy ; and reason , which is a colder faculty of the brain , taketh more time to be heard , than the other will allow . the heat of a party is like the burning of a feaver , and not a natural warmth , evenly distributed to give life and vigor . there was a time indeed when anger shew'd a good sign of honesty ; but that evidence is very much weakned by instances we have seen since the days of yore : and the publick-spirited choler hath been thrown off within time of memory , and lost almost all its credit with some people , since they found what governments thought fit to make their so doing a step to their preferment . a strong blustring wind seldom continues long in one corner . some men knock loud only to be let in ; the bustle they make is animated by their private interest . the outward blaze only is for religion and liberty : the true lasting fire , like that of the vestals which never went out , is an eagerness to get somewhat for themselves . a house of commons composed of such men , would be more properly so many merchants incorporated in a regular company , to make their particular adventures , than men sent from the people to serve and represent them . there are some splenetick gentlemen who confine their favourable opinion within so narrow a compass , that they will not allow it to any man that was not hanged in the late reigns . now by that rule one might expect they should rescue themselves from the disadvantage of being now alive ; and by abdicating a world so little worthy of them , get a great name to themselves , with the general satisfaction of all those they would leave behind them . amongst the many other ill consequences of a stated party , it is none of the least , that it tempteth low and insignificant men to come upon the stage , to expose themselves , and to spoil business . it turneth a cypher into a figure , such a one as it is : a man in a party is able to make a noise , let it be never so empty a sound . a weak man is easily blown out of his small senses , by being muster'd into a party ; he is flatter'd till he liketh himself so well , that he taketh it extremely ill if he hath not an employment . nothing is more in fashion , than for men to desire good places , and i doubt nothing is less so than to deserve them . from nobody to somebody is such a violent stride , that nature , which hath the negative voice , will not give its royal assent to it : so that when insufficient men aim at being in business , the worst of their enemies might out of malice to them , pray for their preferment . there could be no end , if one did not stop till this theme had no more matter to furnish . i will only say , nothing is more evident , than that the good of the nation hath been sacrificed to the animosities of the several contending parties ; and without entring into the dispute which of them are more or less in the right , it is pretty sure , that whilst these opposite sets of angry men are playing at foot-ball , they will break all the windows , and do more hurt than their pretended zeal for the nation will ever make amends for . in short , a man so engaged is retained before the people take him for their council ; he hath such a reserve for his party , that it is not advisable for those who would chuse him , to depend upon his professions . all parties assuming such a dispensing power , that by their sovereign authority they cancel and dissolve any act or promise that they do not afterwards approve . these things considered , those who will chuse such men deserve whatever followeth . xvi . pretenders to exorbitant merit in the late revolution , are not without objections against them , when they stand to serve in parliament . it would not only be a low , but a criminal kind of envy , to deny a distinguishing justice to men who have been instrumental and active , when the service of their countrey requir'd it . but there ought to be moderation in men's claims , or else it is out of the power of our poor island to satisfy them . it is true , service of all kinds is grown much dearer , like labourer's wages , which formerly occasioned several statutes to regulate them . but now the men who only carried mortar to the building , when it is finished , think they are ill dealt with if they are not made master-workmen . they presently cry out , the original contract is broken , if their merit is not rewarded , at their own rate too . some will think there never ought to be an end of their rewards ; when indifferent judges would perhaps be puzzled to find out the beginning of their merit . they bring in such large bills , that they must be examind ' : some bounds must be put to men's pretensions ; else the nation , which is to pay the reckoning , will every way think it a scurvy thing to be undone , whether it be by being over run by our enemies , or by the being exhausted by our friends . there ought therefore to be deductions where they are reasonable , the better to justifie the paying what remaineth . for example , if any of these passionate lovers of the protestant religion should not think fit , in their manner of living , to give the least evidence of their morality , their claims upon that head might sure be struck off without any injustice to them . if there are any who set down great sums as a reward due to their zeal for rescuing property from the jaws of arbitrary power ; their pretensions may fairly be rejected , if now they are so far from shewing a care and tenderness of the laws , that they look rather like councel retained on the other side . it is no less strange , than i doubt it is true , that some men should be so in love with their dear mistress , old england , with all her wrinkles , as out of an heroick passion to swim over to rescue her from being ravish'd ; and when they have done the feat , the first thing after enjoyment is , that they go about to strangle her . for the sake of true love , it is not fit that such ungentile gallants should be too much encourag'd ; and their arrogance for having done well at first , will have no right to be excused , if their doing so ill at last doth not make them a little more modest . true merit , like a river , the deeper it is , the less noise it makes . these loud proclaimers of their own deserts , are not only to be suspected for their truth , but the electors are to consider that such meritorious men lay an assessment upon those that chuse them . the publick taxes are already heavy enough without the addition of these private reckonings . it is therefore the safer way not to employ men , who will expect more for their wages , than the mistaken borough that sendeth them up to parliament could be sold for . xvii . with all due regard to the noblest of callings , military officers are out of their true element when they are misplaced in a house of commons . things in this world ought to be well suited . there are some appearances so unnatural , that men are convinc'd by them without any other argument . the very habit in some cases , recommendeth or giveth offence . if the judges upon the bench should , instead of their furrs , which signify gravity , aud bespeak respect , be cloathed like the jockeys at new-market , or wear jack-boots and steenkirks ; they would not in reality have less law , but mankind would be so struck with this unusual object , that it would be a great while before they could think it possible to receive justice from men so accouter'd . it is to some degree the same thing in this case ; such martial habits , blew-coats , red stockings , &c. make them look very unlike grave senators . one would almost swear they were creatures apart , and of a differing species from the rest of the body . in former times , when only the refiant shopkeeper was to represent his corporation ( which by the way is the law still at this day ) the military looks of one of these sons of mars , would have stared the quaking member down again to his burrough . now the number of them is so encreased , that the peaceable part of the house may lawfully swear they are in fear of their lives , from such an awful appearance of men of war. it maketh the room look like a guard-house by such an ill-suited mixture . but this is only the out-side , the bark of the argument ; the root goeth yet deeper against chusing such men , whose talents ought to be otherwise applied . their two capacities are so inconsistent , that mens undertaking to serve both the cures , will be the cause in a little time , that we shall neither have men of war , nor men of business , good in their several kinds . an officer is to give up his liberty to obey orders ; and it is necessarily incident to his calling that he should do so . a member of parliament is originally to be tender of his own liberty , that other men may the better trust him with theirs . an officer is to enable himself by his courage , improved by skill and experience , to support the laws ( if invaded ) when they are made ; but he is not supposed to be at leisure enough to understand how they should be made . a member of parliament is to fill his thoughts with what may best conduce to the civil administration ; which is enough to take up the whole man , let him be never so much raised above the ordinary level . these two opposite qualifications , being placed in one man , make him such an ambiguous divided creature , that he doth not know how to move . it is best to keep men within their proper sphere ; few men have understanding enough exactly to fill even one narrow circle , fewer able to fill two ; especially when they are both of so great compass , and that they are so contrary in their own natures . the wages he hath as a member , and those he receiveth as an officer , are paid for services that are very differing ; and in the doubt which of them should be preferably performed , it is likely the greater salary may direct him , without the further inducements of complying most , where he may expect most advantage by it . in short , if his dependance is not very great , it will make him a scurvey officer ; if it is great , it will make him a scurvier member . xviii . men under the scandal of being thought private pensioners , are too fair a mark to escape being consider'd , in reference to the point in question . in case of plain evidence , it is not to be suppos'd , possible , that men convicted of such a crime should ever again be elected . the difficulty is in determining what is to be done in case of suspicion . there are suspicions so well grounded , that they may pretend to have the force of proofs , provided the penalty goeth only to the forbearing to trust , but not extending it so far as to punish . there must be some things plain and express to justify the latter , but circumstances may be sufficient for the former : as where men have had such sudden cures of their ill humours , and opposition to the court , that it is out of the way of ordinary methods of recovery from such distempers , which have a much slower progress ; it must naturally be imputed to some specifick that maketh such a quick alteration of the whole mass of blood. where men have raised their way of living , without any visible means to support them in it , a suspicion is justifi'd , even by the example of the law , which in cases of this kind , though of an inferior nature , doth upon this foundation not only raise inferences , but inflict punishments . where men are immoral , and scandalous in their lives , and dispense familiarly with the rules by which the world is govern'd , for the better preserving the bonds of human society ; it must be a confidence very ill placed , to conclude it impossible for such men to yield to a temptation well offer'd and pursu'd ; when , the truth is , the habit of such bons vivants , which is the fashionable word , maketh a suspicion so likely , that it is very hard not to believe it to be true . if there should be nothing but the general report , even that is not to be neglected . common fame is the only lyar that deserveth to have some respect still reserv'd to it ; tho she telleth many an untruth , she often hits right , and most especially when she speaketh ill of men . her credit hath sometimes been carried too far , when it hath gone to the divesting men of any thing of which they were possess'd , without more express evidence to justify such a proceeding . if there was a doubt whether there ever was any corruption of this kind , it would alter the question ; but sure that will not bear the being controverted . we are told , that charles the fifth sent over into england 1200000 crowns to be distributed amongst the leading men , to encourage them to carry on elections . here was the protestant religion to be bought out for a valuable consideration according to law , though not according to gospel , which exalteth it above any price that can be set upon it . now , except we had reason to believe that the vertue of the world is improv'd since that time , we can as little doubt that such temptations may be offer'd , as that they may be receiv'd . it will be owned , that there is to be a great tenderness in suspecting ; but it must be allow'd at the same time , that there ought not to be less in trusting , where the people are so much concern'd ; especially , when the penalty upon the party suspected goeth no further than a suspension of that confidence , which it is necessary to have in those who are to represent the nation in parliament . i cannot omit the giving a caution against admitting men to be chosen , who have places of any value . there needeth the less to be said upon this article , the truth of the proposition being supported by such plain arguments . sure no man hath such a plentiful spring of thought , as that all that floweth from it is too much to be appli'd to the business of parliament . it is not less sure , that a member of parliament , of all others , ought least to be exempted from the rule , that no man should serve two masters . it doth so split a man's thoughts , that no man can know how to make a fitting distribution of them to two such differing capacities . it exposeth men to be suspected , and tempted , more than is convenient for the publick service , or for the mutual good opinion of one another , which there ought to be in such an assembly . it either giveth a real dependance upon the government , which is inconsistent with the necessity there is , that a member of parliament should be disengaged ; or at least it hath the appearance of it , which maketh them not look like freemen , though they should have vertue enough to be so . more reasons would lessen the weight of this last , which is , that a bill to this effect , commonly called the self-denying bill , pass'd even this last house of commons . a greater demonstration of the irresistible strength of truth cannot possibly be given ; so that a copy of that bill in every county or burrough , would hardly fail of discouraging such pretenders from standing , or at least it would prevent their success if their own modesty should not restrain them from attempting it . xx. if distinctions may be made upon particular men , or remarks fix'd upon their votes in parliament , they must be allow'd in relation to those gentlemen , who for reasons best known to themselves thought fit to be against the triennial bill . the liberty of opinion is the thing in the world that ought least to be controll'd , and especially in parliament . but as that is an undoubted assertion , it is not less so , that when men sin against their own light , give a vote against their own thought , they must not plead privilege of parliament against the being arraigned for it by others , after they are convicted of it by themselves . there cannot be a man , who in his definition of a house of commons , will state it to be an assembly , that for the better redressing of grievances the people feel , and for the better furnishing such supplies as they can bear , is to continue , if the king so pleaseth , for his whole reign . this could be as little intended , as to throw all into one hand , and to renounce the claim to any liberty , but so much as the sovereign authority would allow . it destroyeth the end of parliaments , it maketh use of the letter of the law to extinguish the life of it . it is , in truth , some kind of disparagement to so plain a thing , that so much has been said and written upon it ; and one may say , it is such an affront to those gentlemens understandings to censure this vote only as a mistake , that , as the age goeth , it is less discredit to them to call it by its right name ; and if that is rightly understood by those who are to chuse them , i suppose they will let them exercise their liberty of conscience at home , and not make men their trustees , who in this solemn instance have such an unwillingness to surrender . it must be own'd , that this bill hath met with very hard fortune , and yet that doth not in the least diminish the value of it . it had in it such a root of life , that it might be said , it was not dead but sleeped ; and we see that the last session , it was revived and animated by the royal assent , when once fully inform'd of the consequence , as well as of the justice of it . in the mean time , after having told my opinion , who ought not to be chosen : if i should be ask'd , who ought to be , my answer must be , chuse englishmen ; and when i have said that , to deal honestly , i will not undertake that they are easy to be found . finis . the cause of god and his people in new-england as it was stated and discussed in a sermon preached before the honourable general court of the massachusets colony, on the 27 day of may, 1663, being the day of election at boston / by john higginson ... higginson, john, 1616-1708. 1663 approx. 70 kb of xml-encoded text transcribed from 15 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a43755) transcribed from: (early english books online ; image set 96918) images scanned from microfilm: (early english books, 1641-1700 ; 742:10) the cause of god and his people in new-england as it was stated and discussed in a sermon preached before the honourable general court of the massachusets colony, on the 27 day of may, 1663, being the day of election at boston / by john higginson ... higginson, john, 1616-1708. 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xml conversion the cause of god and his people in new-england , as it was stated and discussed in a sermon preached before the honourable general covrt of the massachvsets colony , on the 27 day of may 1663. being the day of election at boston . by john higginson pastor of the church of christ at salem . mat. 22.21 . and jesus said unto them , render unto cesar the things that are cesars : and unto god the things that are gods. 1 pet. 2.17 . honour all men , love the brotherhood , fear god , honour the king. 1 chron. 12.32 . and of the children of issachar , which were men that had understanding in the times , to know what israel ought to do . cambridg , printed by samuel green 1663. christian reader , the curse of god and his people ( which is the subject of this following pious and elabourate discourse ) never 〈◊〉 more ●●lp from heaven , nor more servant prayers from earth , to be put up to the god of heaven , for then a●●aming of it , t●●● 〈◊〉 this time . for some there are ( and not a sin ) that are so engaged to their own interests , that le● the cause of god and his people , sink or swim , they care not , so their own ●nds be compassed , and their own designe & projects may find sure foo●●ng : and these are your self-loving worldly politici●ns , that are of this world , as christ speaks and savour nothing but the things of the world , and seek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that seek their own and not the things of jesus christ . others there are so dissolute and prophane , & are risen up to such as height of impiety , that they do no more regard this cause , than the air● under then ●●et , they are so around in drink & other sensual deli●hts his , and are so heightned in their oaths & blasphe●●● and other abominations , tha● god and his peoples c●●se are not in their thoughts : 〈◊〉 if at any time this c●●se come into them 〈◊〉 as , it is only to cast the foulest pers●●●● they can upon it , and to be spatter 〈◊〉 with the ba●●st obliquies and 〈◊〉 speeches that the devil & their own cursed hearts can invent , and to persecute it wi●● tongue & 〈◊〉 and heart & hand to the highest degree of persecution , even unto bloud and sl●ughter : though when they have done all that ever they 〈◊〉 , they shall not be able to 〈◊〉 the cause nor the faithfull servants of christ that ●●●ck 〈◊〉 ; but as the primitive believers said of persecuting nero , nero may kill us , but he cannot hurt us ; so may we say now . others there are that seem to own this cause and adventure much this way , and may not only be willing to lose their liberty & estates , & the favour of great freinds , but go further also , yet afterward turn away & draw back , and these are hypocrites , which are either taken with the eye-lids of the aluring harlot the world , in the profits , pleasures & honours of it , or else are afraid of her frownes & discouragements , after all their former sufferings : they have ventured so far , but dare go no further , and so lise all they have wrought , and suffer in vain , these are not true to the ca●se of god and his people , and by their puting away a good conscience , and wan● of self-denial , make shipwrack of the faith and cause we speak of . only there is a very few sincere ones that hold their own , and in the worst times deale p●●●ently , and discern both time and judgment , and are valiant for this c●●se . all which duty weighed and seriously considered , no wonder that this holy man of god being guided by his spirit , made choise of this subject to preach upon , in that great assembly at the court of election , now in these dayes wherin so many turne their backs of god , and set themselves so desparately against h●● , & his peoples cause . i was to star● us all up to besiege & beleag●● the ●●r●e of grace now in th●se last and pe●il●us dayes and times , to awake & stand to maintaine this cause , & to shew forth his almighty power in crushing all the designes , and out-plotting all the plots of sathan & his instruments that undermine this cause , and the lord help us all to attend what god by his spirit speaks to us , and now if ever , to pray & give god no rest , ●ll this cause be maintained against the faces & forces of all its enemies . the sermon when preached was acceptable to all , and found general approbation among all the wise-hearted and godly , so far as we have heard . reader thou hast i● to peruse , read it , understand thy time according to it , let the cause of god and his people lie neerer to thine heart then ever , and let thy so●l awake more to be a prince with god to prevaile , that this cause may be main a●ed & upheld against all the powers of darkness , and all the conspiracies of men on earth , and devills in hell , that it may be victorious , & ride in triumph till christ come , who will own is before the whole world , and them that have stood for it , though it have cost them dear from those that have been the d●spisers of it . we have no more to say , but to desire from our hearts that the blessing of heaven may go along with the labour of his servant in this work , and that be & we , and whosoever read it , may find this fruit that we may tread in this wise kings steps , who prayed so fervently , that god would maintain his cause & his peoples alwayes , as the matter shall require ; prayer of faith opens all dores , prevailes for all blessings , hath such power with god that it never comes away empty , but as that renowned emperour said , that he never sent any su●er ●●d w●● from his presence , so we may be sure that the lord will do to them that sue to him , giving them all that they seek to him for ( especially in maintaining his own and his peoples cause , which he cannot s●e forsaken ) and will not send his suiters and suppliants sad away from him , they are bidden to come with boldnesse to ●he throne of grace . one word more & we have done , jesus christ that great favourite by whom both our persons and prayers are accepted , and this cause comes to be maintained for the much incense that he offers up with the prayers of all saints , prevailes ever for us , & this cause when it and we the honour of both are laid most in the dust . to this lord jesus , with the blessed father and eternal spirit , be glory and power everlasting . amen . thine in him who is ●o● love and life , john wilson , senior . samuel whit●ng . the cause of god and his people in new-england , stated and discussed . 1 king. 8.57 , 58 , 59. the lord our god be with us , as he was with our fathers , let him not leave us nor forsake us ; that be may encline our hearts unto him , to walke in all his wayes , and to keep his commandements , his statutes and his judgments which he commanded our fathers . and let these my words wherewith i have made supplication before the lord , be nigh unto the lord our god day and night , that he maintain the cause of his servant , and the cause of his people israel at all times , as the matter shall require . in the beginning of this chapter , we read of a general assembly of the representative body of the people of israel : thus in verse 1. then solomon assembled the elders of israel , and all the heads of the tribes , the chiefe of the fathers of the children of israel : and verse 2 , 3. and all the men of israel assembled themselves , and all the elders of israel came . the special end of this great assembly is shewed in verse 6. they brought in the ark of the covenant of the lord into his place , in the house of the lord. upon this occasion solomon makes a large prayer for the welfare and prosperity of the people of israel which begins at the 22 and continues to the 54. verse , wherin he mentions all the common cases which might in changes of time befall the people of israel , and he commends their condition to the lord for special mercy & help in such cases as are expressed in the 37. verse ; if ne●● be famine , or pestilence , or warrs or captivity , if there be these or such like cases , and thy people israel do repent and confess thy name , and pra●● ; then hear thou in heaven and forgive , and do for them , and hearken to them in all that they call upon ●hee for . this is the sūme of his prayer . at the conclusion of which he pronounceth a solemn blessing upon the congregation verse 55 ; he stood and blessed all the congregation of is●●● . this blessing of solomon consists in three things . 1 a thankfull acknowledgment of present and former mercy , that hitherto the lord had given them rest . verse 56 ; blessed be the lord that 〈◊〉 given ●●st 〈◊〉 people israel 2. a renewed prayer for a threefold blessing to be farther granted , bo●●at the present and for future times . 1 and that he prayes for the gracious presence of god , even such a gracious presence of god with them as their fathers had enjoyed . verse 57 ; the lord our god be with us 〈…〉 with our father ; and because his heart was much in this , therefore he repeats it againe , let him not leave us nor forsake us . 2. he payes so divine assistance verse 58. that he may encline our hearts unto him to walk in his wayes , and to keep his commandements , which he commanded our fathers . 3. his third request is for divine protection verse 59. let these my prayers be high to the lord our god , that his 〈◊〉 the cause of his people israel , which is amplyfied by the end of it ; that all the people of the 〈◊〉 may know that the lord is god and that there is none el●●● verse 60. 3. and th●n the last particular wherein he blesseth the people is , by exhorting them to upright waking with god. let your heart therefore be perfect with the lord our god , ●o walk in his statutes and to keep his commandements as at this a●y , verse 61. the text ( as you see falls within the compass of solomons blessing upon the representatative body of the people of israel . from the whole you may please to take notice of this observation in the generall , which i shall but briefly touch upon . doct. the lords gracious presence with his people inclining their hearts to keep his commandements , and maintaining their cause ; is a sufficient means to establish the welfare of such a people , even at their own hearts can wish . for thus did solomon bless the heads of the tribes of israel , and he had the hearts of the whole congregation going along with him , that if the lord would but grant his presence with them , his assistance of them , and his protection over them , they had enough , they could have no more , they could be no better in this world . and if we our selves now might have our wish , if the lord should say to us as ahas●●rus to esther , what is thy petition ? or as he said sometime to solomon , ask what i shall give thee ; what could any of us , or all of us desire more then this ? that the lord our god would be with us , as he hath been with our fathers , that he would incline our hearts to keep his commandements which be commanded our fathers , and that he would maintaine his own and his peoples cause amongst us : what can be desired and enjoyed by us more then this ? for , doth not immanuel , god with us , comprehend our whole good ? and the keeping of gods commandements containe our whole duty● and is not the lords maintaining the cause of his people enough to keep off whatever might interrupt or hinder us in the performing this duty , and enjoying that good wherein the utmost happyness of a people on this side heaven doth consist ? let these requests ( therefore ) dwell upon the hearts of all the lords people , let us bear them continually upon our hearts before the lord , that as hitherto , so still , he may graunt unto all his servants , both magistrates , ministers , and people , his gracious presence , divine assistance , and divine protection in the times that are come upon us . this is the summe of all that we need or can receive , or can desire whilest we are here tossed in the troublesome sea of this world , passing to the haven of eternall rest . but i shall not further insist upon this . it is another doctrine which i mainly intend from the latter part of the 59 verse . that he maintaine the cause of his people at all times as the matter shall require . there are two things need a little opening here . 1. what is meant by the cause of his people israel . 2. what is meant by the lords maintaining the cause of his people at all times as the matter shall require . 1. by [ because of his people ●r●● ] i understand the same which in other scriptures is called the cause of g●● , p●●l 74. ●2 . arise o god and plead thy own cause . so that there is a cause of god in the world , ( mark i beseech you ) there is a cause which is god own cause : a●●se o lord and plead h●● own ●use . and if you please but to cast●y ur●ey upon two or three passages of that psalm , we need go no further to understand clearly , what is the cause of god 〈◊〉 20. have respect unto the covenant , the cause of god is the cause of his covenant it is also the cause of his temple the dwelling place of his name , verse 7. and further , it is the cause of his church , verse 2. remember thy congregation which thou hast purchased of old , thine inheritance which thou hast redeemed , this mount sion wherein thou hast dwel● , i. e. his church , and so in the 8 verse you read of the synagogues of god in the land. now the very same was the cause of his people israel , for the speciall end of the great assembly mentioned in this chapter , it was to bring in the ark of the covenant into the house of the lord : by virtue of which covenant the lord was their god and they were his people ; and , the cause of god was theirs , and their cause was his ; the cause of god & his people israel was one and the same , and that was the cause of religion according to the word of god. therefore in the text here solomon prayes that the hearts of his people might be enclined to walk in gods wayes and to keep his commandements . againe , it is observable , the word rendred cause here in the text is translated [ right ] in the margine of the 45. & 49. verses , that he maintain the right of his people , there is a right unto house and land and the like , but there is a jus divinum , a speciall divine right which the people of israel had unto the one true religion , and a liberty annexed unto that right that none could lawfully hinder them from enjoying all that belonged to the service of god. so that ( in one word ) the cause of his people israel was right from god , and liberty from god , to keep gods commandements in matters of religion . this was the cause of god and israel then , and i hope it will appear anon , that the very same is the cause of god and his people now . 2. what is meant by [ the lords maintaining this cause at all times as the matter shall require ] he had made the same request twice before verse 45. & 49. that he maintain his peoples cause ; here he mentions it againe the third time , that he maintain the cause of his people israel , with an addition of this further expression , at all times as the matter shall require . he had before in his large prayer comprehended all the common cases which might fall out ; but because there might be other cases which he could not foresee , or they might be otherwise circumstanced , when the cause of israel might be so endangered , as there would not be any help in the ey of reason in the sight of man , therefore he commends the cause of his people israel to the lord himselfe , and leaves it with him , and beseecheth him , that he by his prerogative would maintain the cause of his people , even as the matter should require . and those words in the text [ at all times ] are in the margine rendred [ the thing of a day in his day ] i. e. not onely in the day of prosperity when things go smoothly on ; but in the dayes of adversity , in the hirracano's of tempestuous times , when it is a day of trouble and rebuke , and blasphemy , as is was in hezekiahs time , isai . 37.3 . in a day of perplexity and treading down , isai 22.5 . in such a day as this , the cause of god and israel is committed to the lord himself that he would maintain it . and there is an emphasis to be observed in that word [ he ] that he maintain it , when there is none else that will , or can , or knowes how : implying the need ( the extream need ) that the people of israel might sometimes have for the lord himselfe to maintain their cause above all that themselves , or any else should be able to doe . so that the point of doctrine which i would commend unto the consideration of this present assembly from hence , is this . doct. the times may be such , and the case may be such , as the maintaining of the cause of religion , may need and require more then ordinary help from the lord himself . the times may be so perillous , and the case so circumstanced , and the cause of religion so endangered , as it may be above the wisedom of man to direct , or the hand of man to help : then there is work for jehovah himselfe , for him to maintain his own and his peoples cause , you see the point : a little for the proof . it is many times the cry of the church of god in the world , give us help from trouble o lord , for vaine is the help of man , psal . 108. last . and our help is in the name of the lord , who made the heavens and the earth , psal 124. last . there is creating wisedom & power and goodness with him , that is god over all , blessed for evermore , there and from thence alone is the help of his people when it s no where else to be seen upon earth . i shall add no more but that in isai . 63.5 . i looked and there was none to help , and i wondred that there was none to uphold , therefore mine own arm brought salvation ●●ne , and my fury it upheld mee . our saviour christ is here brought in speaking of himself , not as chri●●nall , but as christ mysticall , christ and ●is church as be●…ers , engaged together in the same cause , and the cause of christ and his church is represented here as in a dispairing sinking case , i looked and there was none to help , i wondred that there was 〈◊〉 to uphold : what then ? why , therfore mine own arm brought salvation ●o me : the church when sinking , yet saved by christ , the cause of god and his people when ready to be overturned , overwhelmed ; yet then ●reserved , secured maintained , by the outstretched a●m of a blessed ●aviour : implying , the case may be such , and the matter may so require , that no less then the infinite wisedom , and good pleasure of of omnipotencie it selfe can do the deed . this may suffice for the proof . there is a three f●ld reason may convince us of the truth of the doctrine . 1. from the weakness of man. 2. from the malice of the devil . 3. from the providence of god. reas . 1. the first reason is taken from the weakness of men , from the inability of gods own people , who are affected unto this cause , and engaged in it , but are not able to maintain it . the best of the saints have flesh as well as spirit , they have something of the old man , as well as of the new ; they know but in part , and are sanctified but in part : and hence many weaknesses in managing the cause of god. there is a mixture of hypocrites amongst the sincere servants of god , who pretend unto this cause as well as they ; and hence many times not onely weakness but wickedness is inter-woven into the fairest pretences to the cause of god. there are various apprehensions , affections , and passions , amongst good men . moses the servant , and aaron the saint of the lord , are sometimes unadvised : and when they are most upright , when they lead the people according to the ●kilfulness of their hands , and integrity of their heart , yet then traduced , reproached , opposed , et tantum n●n , overpoured by a murmuring people , and there were men of renown and famous in the congregation , that would not submit unto gods order . sometimes ( alas ) there is a sharp contention between paul and barnabas : and godly peter doth not ever walk with a right foot : and blessed paul when most faithfull and true , is under evill surmises , as a deceiver . there is names and parties of men , dividing christ amongst them : some departing from the faith , others led aside from the simplicity of the gospel , on the right hand , and on the left , and many ( in the last dayes very many ) that have the form but deny the power of godlyness . hence the cause of religion much obscured and ready to be spoyled in the hands of those that profess to be the lovers of it . that is the first reason . reas . 2. taken from the malice of the devil , and his instrumentie satan from the beginning hath had an old grudg against the seed of the woman , and he never wanted instruments , who either by force or fraud or both , have done what mischief they could against the church and cause of god. thus in the story of exodus , pharoah at first works , wisely to undermine , afterwards he works proudly to overtake and destroy the israel of god. thus also in psal . 83.1 , 2 , 3. keep not silence o god , for ●thine enemies make a tumult , they have consulted together , they have said , come let us cut them off that the name of israel be had no more in remembrance ; and then there is mention made of gebal , ammon , and amalek and many others . and in the time of ezra , and nehemiah , no sooner had zerubbabel and joshua and the rest of the poor people of israel begun to reform and set themselves about the work of the lord , but sathan stood up to resist them , as it is in zech. 3.1 . & he had instruments at hand presently sanballat and tobia , with their complices , nehem. 4.11 . and our adversaries said they shall neither see , nor know , till we be in the midst amongst them , and slay them and cause their work to cease , thus also in ezr. 4.9 . you read of rehum the chancellor , and shi●shi the scribe , with the rest of their companions , pleading much the damage and dishonour of the king as in verse 13. and when they had got a commission they went up in hast unto jerusalem to cause the work to cease , and in the verse 23. they made them cease by force and power , though it was but for a time as it appeares afterwards . and if you look into rev. 12.12 . you shall find there in relation to the last times , it is said , wee to the inhabitants of the earth , and of the sea , for the devil is come down amongst you , and his rage is great , because he hath but a short time , the shorter the time the fiercer the rage of sathan against all that keep the commandements of god , and the faith of jesus ; & where ever he can prevail , down goes the divine authority of the scriptures , and up goes the commandements of men in the worship of god : and all that will not doe , must suffer , and all that bear witness to truth and holiness , must be in sackcloth until the time of the end. now from hence ( againe ) the cause of religion is much endangered by the haters of it . that is the second reason . reas . 3. the last reason is taken from afflicting providence , he ( the great god ) changeth the times and the seasons , dan. 2.21 . the history of the church in all ages hath informed us of this , that after a time of peace , comes a time of trouble , after a time of l●berty ( to be as good as men would be and as they should be ) there comes a time of restraint : and sometimes even in the valley of vision there is a day of perplexitie and treading down , and that from the lord god of hostes , as it is in isai . 22.5 . and though it hath been questioned whether dioclesians persecution or julians toleration were more pernicious to the church of god , yet without question neither of these was without the providence of god. when the people of god know not how to use their peace and liberty , when they have contracted the guilt of the sins of such times , it is but righteous with the lord to bring them into bondage , that they may know the service of the lord with such a kind of knowledg as adam had after his fall , to know good by the want and evil by the feeling of it , by terrible thing● in righteousness wilt thou answer us o god , who yet art the god of our salvation and the confidence of such as are in the ends of the earth , psal . 65.5 . but from hence also the cause of religion comes to be in the same condition as the ship in which the disciples went when christ was asleep , there came down such a storm upon the l●●● , and they were so covered with the waves , and in such jeopardy , they were faine to cry out unto him , master save us or we perish . gather up the reasons briefly . if the lovers of the cause of religion be so unable to preserve it , if the haters of it be so sedulous to destroy it , and if the lord himselfe seem to withdraw from it ; then it is no wonder if the times be such , and the case be such , as the maintaining of the cause of religion doth need and require more then ordinary help from the lord himselfe . by this time you see the truth of the doctrine . now let us consider the good of it in application to our selves , and that but in a couple of uses . the one for the information of our judgments . the other for direction in point of practice . vse 1. we may hence informe our selves , not only what the cause of god and his people is in other parts ; but what it is here with us . i say , to informe us what is the cause of god and his people in new-england . this is the first use . a mistake in this may be of dangerous consequence ; the true stating of this cause , and the right understanding of it , may be of no little help unto us in the times that are come upon us . for it is more then our lives , and as much as our soules are worth , to own the cause of god , and to be faithfull to it in our generation : to confess or deny this cause , is in scripture interpretation to confess or deny christ himselfe , and you know what he hath said in mat. 10.32 . whosoever shall confess me before men , him will i confess before my father which is in heaven , but whosoever shall deny me before men , him will i deny before my father which is in heaven : and in the eighth of mark and verse 38. whosoever shall be ashamed of me and of my words in this adulterous and sinful generation , ●f him also shall the son of man be ashamed when he comes in the glory of his father with all his holy angels . give me leave then i beseech you , honoured and beloved , to present a few things unto you about this caus● . i confess i should be utterly inexcusable in adventuring to shew my weakness in such a place at such a time as this , were i not able to call the most h●●h to witness that nothing but conscience of my duty put me and kept me upon this subject : when i received the summons of the honourabl● g●● to preach it this time , it was desired that some suitable word might be spoken : now whether the stating of the cause of god and his people amongst u● be not seasonable , i leave to the consideration of ●his ●wful and 〈◊〉 a●s●h . and i hope ●n the lord i shall say nothing about it , but what might be more abundantly made out by scripture light , and what the generallity of all the people of god ( not engaged unto parties ) will readily subscribe unto . first then , in the general the cause of god and his people amongst us is the cause of religion , i say the cause of religion 〈◊〉 the profession and practize of the one true religion to be in all thing , according to gods word . this was the cause of god and israel then , the same is the cause of god and his people now . to keep and seek for all the commandements of god. to walk in his waies and to keep his commandements which he commanded our fathers , as it is in the text : that every thing in doctrine worship and discipline be conformed unto and regulated by the rule of the word . this is the cause of god and his people in new-england in the generall . but that it may be more clearly understood , let me propound it more particularly both in the negative , what this cause is not , and in the affirmative what it is . and first negatively . it is 1. not the getting of this worlds good . 2. not separation from other churches . 3. not a toleration of all religions . 1. not the getting of this worlds good . the cause we are speaking of , it never was , it is not now , the getting & increasing of this worlds good . our saviour christ hath commanded , seek first the kingdome of god and the righteousness therof , and all other things shall be added mat. 6 33. accordingly when the lord stirred up the spirits of so many of his people to come over into this wilderness , it was not for worldly wealth , or a better livelyhood here for the outward man : the generallity of the people that came over professed the contrary : nor had we any rationall grounds to expect such a thing in such a wilderness as this . and though god hath blessed his poor people here with an addition of many earthly comforts , and there are that have encreased here from small beginnings to great estates , that the lord may call this whole generation to witness and say , o generation see the word of the lord , have i been a wilderness unto you ? jer. 2.32 . o generation see ! look upon your towne , & fields , look upon your habitations & shops and ships , and behold your numerous posterity , and great encrease in the blessings of the land & sea , have i been a wilderness unto you ? we must needs answer , no lord , thou hast been a gracious god , and exceeding good unto thy servants , ever since we came into this wilderness , even in these earthly blessing , we live in a more plentifull & comfortable manner then ever we did ●x●●ct . but these are but additions , they are but additionall mercies , it was another thing and a better thing that we followed the lord into the wilderness for . my fathers and brethren this is never to be forgotten , that new-england is originally plantation of religion , not a plantation of trade . let merchants and such as are increasing cent per cent remember this , let others that have come over since at several times understand this , that worldly gain was not the end and designe of the people of new-england , but religion . and if any man amongst us make religion as twelve , and the world as thirteen , let such an one know he hath neither the spirit of a true new-england man , nor yet of a sincere christian . 2. not separation from other churches , either in our own or other countries ; i say , not separation from any thing good in other churches , whether truth of church estate , or any doctrine professed , or any ordinance administred , so far as it was , or is agreeable to the word of god. we deny not the being of churches , where many things are wanting to their well-being . we distinguish between the corruptions and disorders of churches , and the churches themselves . we profess communion with , not separation from the churches of christ in lawfull things . they are the european churches , in which that numerous company of 144000. are said to stand with the ●amb upon mount sion , rev. 14.1 . and these are said to ●●●p the commandements of god and the faith of jesus verse 12. it is the doctrine and worship of the reformed churches comming out of popery which are said to be as a sea of glass man led with 〈◊〉 , r●● 15.2 . if g●●● , then they are not clear as cristall , as those in the primitive times chap. 4 6 and yet not as the blood of a dead man , as those under popery ch●● . 16.3 . it 〈◊〉 a sea of gl●ss mingled with ●●r , ( the fire of persecution with●ut , and of contention within ) and yet they that stand upon this sea have gotten the victory over the beast , and have the harpes of god in their hands and are accepted of the lord. the end of our comming hither was a reformation only of what was amiss or defective in the churches we came from : from which we made no separation , but a locall secession only into this wilderness , with true desires and endeavours after a more full reformation according to gods word . 1. not a toleration of all religions , or of the heresies & idolatries of the age we live in . i say , not a toleration of these so farr as wee have liberty and power for to help it . how inconsistent would such a toleration be , with the love of the one true religion revealed in the word of god ? would not such a state be guilty of having other gods , where such a toleration is ? is it not the end of civill authority , that men may live a quiet & peaceable life , in godliness as well as honesty ? but not in the wayes of ungodliness , no more then in the wayes of dishonesty : in a word , the gospel of jesus christ hath a right paramount , all rights in the world , it hath a divine & supream right to be received in every nation , and the knee of magistracie is to bow at the name of jesus . this right carryes liberty along with it , for all such as profess the gospel , to walk according to the faith & order of the gospell . that which is contrary to the gospel hath no right , and therefore should have no liberty . but the lawes which have been made by the civill government here , with respect unto religion , whereby you have declared your professed subjection to the gospel , and your non-toleration of that which is contrary thereunto ; this will be a name and a glory to new-england so long as the sun and moon endure . and so much for the negative , what the cause of god and his people amongst us is not , viz , not this worlds good , not separation , not a toleration . 2. now in the second place for the affirmative , if my weakness was able to shew you what the cause of god and his people in new-england is , according to its divine originall and native beautie , it would dazle the eyes of angels daunt the hearts of devils , ravish and chain fast the affections of all the saints . i crave leave to propound it thus , affirmatively ; it is 1. reformation of religion according to gods word . 2. a progress in that reformation . 3. the union of reformers . 1. the cause of god and ours it was and is reformation of religion according to gods word . there was religion in the churches from whence we came , but new-englands design in this vast undertaking , it was reformation i. e. the avoyding of some special corruptions , and the vigorous profession and practise of every thing , in doctrine , worship and discipline , according to scripture patterne : as in heb. 8.5 . when moses was about to make the tabernacle , he was admonished of god , saying , see that thou make it in all things according to the pattern shewed thee in the mount . and our saviour said unto his disciples , mat. 28.20 . teach them to observe all whatsoever i have commanded . this was and is our cause , that christ alone might be acknowledged by us , as the onely head , lord , and law-giver , in his church , that his written word might be acknowledged as the onely rule , that onely and all his institutions might be observed and enjoyed by us , and that with puritie and libertie , with peace and power . this was the end of our coming hither , this is our cause , hence i humbly conceive that the consent of the synod here to the confession of faith by the assembly of westminster , and the platform of discipline published in the year 49 these for the substance of them , have carryed with them a declaration of the faith and order of these churches , and are so looked upon by the reformed churches abroad , unto which may be added many other books of our divines of the same import : and the practise of these churches so farr as we have attained . 2. a progress in reformation . i conceive our cause is , not barely , a reformation , but a progress in reformation ; it was the charge of our saviour to the church of philadelphia , hold fast what thou hast , rev. 3.11 . it is also the duty of the people of god to go on unto perfection , heb. 6.1 . a conceit of having allready attained a perfect reformation should be farr from us : a true endeavour after a full reformation in the sense of our many defects , is the duty and spirit of sincere christians that advance the word of god , as the onely perfect rule , not that we have already attained or are already perfect , ( as the apostle speaks of himselfe , phi● . 3.12 . ) but we are to press forward still unto this mark , that we may in all be conformable to the perfect rule of the word of god. hence what we have attained in doctrine , worship & discipline , according to gods word , we must hold fast and then go forward unto any of the things of christ , we are defective in , we must go forward still , but not backward , i say not backward , at for instance . our fathers fled into this wilderness from the face of a lording episcopacie , and humane injunctions in the worship of god : now if any of us their children should yeild unto , or be instrumentall to set up in this country , any of the wayes of mens inventions , such as prelacie , imposed leiturgies , humane ceremonies in the worship of god , or to admit ignorant and scandalous persons to the lords table , this would be a backslideing indeed : it would be a backsliding to the things which we and our fathers have departed from , and have openly testified against , to be not of god , as in the platform of discipline , and many other wayes . instance againe , if after such a publick witness as hath been given amongst us against a toleration of all religions , there should be a graduall yeilding to a toleration of any false religion , ( either by law , or against law , for want of the execution of laws , ) this also would be a heinous backsliding which the lords jealousy will not bear . and for our civil government to put forth any act of consent unto either of the former , would be a thing to be trembled at , and prayed against , that the lord would keep them from . but on the other side : it is our duty to press forward still to the mark ; and to make a progress in reforming what ever is amiss or defective amongst us , as in those the late synod hath pointed unto , about the subjects of baptisme , and consociation of churches . that baptisme be administred to the children of church members who have right thereunto . and that the communion of churches be better improved amongst us . these are things we have been defective in , and therefore should be reformed in a practicall way . and that we be very carefull there be no superstition amongst us , nothing supra statutum , in discipline no more then in worship that nothing be imposed as necessary unto church-membership , which god hath not made necessary in his word ; that there be no arbitrary way of judging according to the private satisfaction or dis-satisfaction of mens spirit● ; and that no breach be made upon that order which god hath set in his church between the rulers and the ruled . that whilest we witness , against superstition in some things , we do not fall into superstition in other things , but that the rule of gods word be observed in all . the people of god sincerely endeavouring reformation , ( yet through inadvertencie , are subject to erre , either in defect or excess ; and while they would avoyd one extream , to fall into another : the way of god in his word is a narrow way , there are extreames on either side , the lord requires it of us , that we neither turne to the right hand , nor to the left , that we neither add unto , nor take from , what he hath commanded concerning the order of his house , prov. 4.26 , 27. deut. 12.32 . heb. 8.5 . mat. 28.20 . hence it is our duty to use all circumspection that there be no additions to , nor detractions from , the lords institutions , but that all may be according to scripture pattern ; that so farr as is possible in this our state of imperfection , we may be compleat in all the will of god , col. 4.12 . 3. vnto reformantium : the vnion of reformers . i say , the union of reformers belongs unto this cause , for there is not any one duty more pressed by our saviour christ and his apostles , then this of a holy and close vnion amongst those that profess his name . our blessed saviour solemnly prayed for this , in the seventeenth of john that his disciples might be one . the apostle exhorts unto this in eph. 4.3 . endeavouring to keep the vnity of the spirit in the bond of peace ; and he urgeth his exhortation by an argument taken from a seven-fold unity , wherein all sincere christians agree , verse 4 , 5. there is one body , and one spirit , and one hope , one lord , one faith , one baptisme , one god and father of us all . therefore endeavour to keep the vnitie of the spirit in the bond of peace . and he beseecheth the corinthians to mind vnion , 1 cor. 1.11 . i beseech you brethren by the name of the lord jesus , that there be no divisions amongst you , but that you be perfectly joyned together in the same judgment , and the same mind , and that you speak the same thing . to the same purpose he hath a most passionate exhortation to the philippians in chap 2 1 , 2. if there be any consolation in christ , if any fellowship of the spirit , if any bowels , and mercies , fulfill you my joy , that you be like minded , having the same love , being of one accord , of one min● : and sometimes , when he saw little hopes of it upon earth , he looks up to the lord in heaven , & beseeches him to grant this mercy to his churches and people , as in rom. 15.5 . n●w the god of patience , and consolation , grant you to be like minded one to another according to christ jesus , that with one mind , and one mouth , ye may glorifie god even the father of our lord iesus christ . all which may leave a strong conviction upon us , that this belongs to the cause of god , and his people , that there be a spirit of vnion and communion , amongst us in the things of christ , and though it be the priviledg of some times , when the lord shall fulfill those prophecies in an eminent way , that his people shall serve him with one consent ; and that the lord shall be one , and his name shall be one : yet this is the duty of the people of god at all times , ( especially at this time & in this place ) to endeavour vnion , that ( so far as is possible ) we may be of one judgment , of one heart , and one way , in all the churches of the saints . hence there should be no affecting of dividing names and parties amongst us , but all should be for this , that the lord may be one , and his name but one . hence also it is desireable that one catechisme , one confession of faith , and one covenant were agreed upon and used in the severall churches as a meanes of consent . and hence again ( so farr as the lord gives liberty ) there should be a frequent use of councils amongst us , to enquire after the mind of god and his word , according to the pattern in acts. 15. and other scriptures . it s true that in times of popery , there was great abuse of councils : yet it is as true , that in divers of the first centuries there was great advantage to the truth by meanes of councils , and in somewhat above the last hundred years , the work of reformation was much promoted by the godly councils and conference of reformers . it is a known passage of melancton . v●ximus in synodis et jam mortemur in illis . they were constantly searching the scripture , that they might reform all according to that , and before them , the churches of the waldenses for many hundreds of years , walking in the simplicitie of the gospel , they had then frequent councils , and their generall ●ouncils every year , nor is there any one point more frequently insisted on , in the writings of our divines of the congregationall way then this of the right use of councils . not that the judgment of a synod bindes any further the 〈◊〉 hath conformity with the scriptures , but counsels are a meane , which the lord hath appointed , and promised to bless for clearing up of the truth and uniting his people therein . it is true , the best of men may erre ; and there being divers measures of light and grace , there cannot but be different apprehensions in some things , and therefore where there is not so full an agreement as was to be desired , it is our duty to forbear one another in love , so farr as we have attained , walking by the same rule , minding the same thing , leaving other things to god & time , phil. 3.15.16 . that is now , when all gods meanes have been used , and yet some lesser things remain controversall amongst pious and sober men , who agree in the maine , there is the place for christian forbearance , not in order to separation , but in order to union , for so the apostle joynes them together , ephe. 4.2 , 3. in lowlyness and meeknes forbearing one another in love , and endeavouring to keep the unitie of the spirit in the bond of peace . in one word ; union is to be endeavoured because the truth is but one , and forbearance is to be used because of the weaknes of men , which yet is as far from a toleration of a false religion , as the east is from the west . thus i have shewed you ( as my weaknes was able ) what the cause of god and his people amongst us is affirmatively , it is reformation , a progress in reformation , and the vnion of reformers . now i shall add but this one thing more , that this cause hath a divine right , and a divine liberty adjoyned unto it , according to the law of liberty , the royall law of god , as it is called , james 2.8 , 12. i. e. right from god , and liberty from god for his people , to do their duty to god and christ , in matters of religion according to gods word . nor is there any power upon earth that can lawfully hinder this . and this is the cheif interest of new england : i. e. it is the matter of greatest importance in it self , and of greatest concernment unto us . the one true religion according to scripture , being the only meanes to the highest end , the glory of god and the salvation of soules : and therefore what ever may be said of our interest in other respects , yet we may be sure of this , that here lyes our predominat interest & cause , and the great end for which we came into this wilderness , and continue in it . and so much for the use of information . vse 2. it is for direction , if the times be such , and the case be such , as the maintaining of the cause of religion , doth need and require more then ordinary help from the lord himselfe , then it serves , to teach all that are sincerely affected unto this cause , what course we should take for the maintaining of it : and that is this , to commend this cause unto iehovah himself , beseeching him that he would maintain his own and his people cause both now at this time even as the matter doth require ; and hereafter at all times as the matter may require . me thinks i look upon this present assembly as in its proportion resembling that great assembly of the people of israel mentioned in the text . here are the heads of our tribes , the honoured magistrates , and deputies of this colonie , the reverend elders of the churches , and a multitude of other godly people ; and i am perswaded you are affected to this cause , as that assembly was , your desire is to see religion flourish , and the cause of god and his people be maintained amongst us . i need not tell you what the times are , ( shaking times , and trying times ) wherein the cause of religion is endangered on every side . i desire onely to discharge the duty of a poor servant of the lord and yours , by putting you in remembrance of that which the text here points us unto , namely , to commit this cause to the infinite wisdome and good pleasure of the lord our god , whose name is upon us , and who dwels in the midst of us , to interest him , and engage him , in the maintaining of it . this was holy counsell given to job in the midst of his plunges and distresses , iob 5 8 , 9. i would seek unto god , and unto god would i commit my cause , which doth great things , and unsearchable , and mervellous things without number , who disappointeth the devices of the crafty , to set up on high those that are low , that such as mourne may be exalted unto safety . say ( brethren i beseech you ) is not this that you would have , that the cause of religion , and those that love it , may be in safety ? then here is the way , for all the servants of god , to commit this cause unto him which doth great things and unsearchable , and marveilous things without number , unto him who hath maintained , who doth maintaine , and will maintain his own and his peoples cause according to the counsel of his own will , for the praise of his glorious grace . quest . now if it be demanded . but now should we commit this cause unto him , that he may be engaged in the maintaining of it , above all that we can ask or think ? answ . i answer breifly in this one direction , ( which will be useful to the honoured worthies of the general court , and yet will also reach the meanest in the congregation ) that you commit the safety of this cause to the lord himselfe , in the same way as you do commit unto him the salvation of your own soules , i say , that we do all commit this cause unto the lord even in the same way as we do every one commit unto him the salvation of our soules . you may see the bottom of this direction in 1 pet. 4.19 . where the apostle adviseth christians in evil times , to commit the keeping of their soules unto god in w●l●ing as unto a faithfull creator . i doubt not but there are abundance here that are acquainted with this , when in the midst of spirituall distresses you commit your soules to the mercy of god in christ in the promise , you do also remember the way of well-doing , the way of gods commandements , ( the narrow way to life which our saviour hath told us of ) and in that way you do commit your soul into the hand of jesus christ , sanctifying him as your onely and alsufficient saviour . as david in psal . 31.3 , 5 , 6. into thy hands i commit my spirit , thou hast redeemed me o lord god of truth , for thou art my rock and my fortress , for thy name sake lead me and guide me in thy way , for i hate lying vanities , but i trust in the lord. now in the very same way we should all commit the safety of the cause of religion to the lord himselfe . that is 1. in the way of well-doing , 2. in the way of humble prayer . 3. sanctifie the lord himselfe as the maintainer of this cause . i entreat that i may borrow but a little of your time and patience , to explain these three particulars and then i have done . 1. in the way of well doing . commit this cause to the lord in the way of well doing , thus the apostle informs us , that this is the will of god , that we keep in the way of well doing 1 pet. 2.15 . and upon this ground , he exhorts in the same place , verse 13 , 14. submit your selves to every ordinance of man for the lords sake . civill government in genere is an ordinance of god , ( the higher powers are ordained of god , r●m 13.1 . ) but in spe●●● , it is an ordinance of man , though every form of civil government is to be subservient unto religion , as its ultimate end ; yet ( hic aut iste singularis modus as divines use to speak ) this o● that particular forme of civil government is an ordinance of man , it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a humane creature . now mark i beseech you what the apostle sayes , submit your selves to every ordinance of man for the lords sake , whether to the king as supream , or unto governours sent by him . this is our case , his majesty the king whom the lord hath set upon the throne is the supream civill governour under god , and over us ; and the government setled here by the charter of this colonie is a subordinate government , we are to remember our duty to both , and that for the lords sake , for so is the will of god , that with well doing you put to silence the ignorance of foolish men , as the apostle there speaks verse 15. this way of well doing , is a narrow way , ( as every way of duty is ) there are by-pathes , and down-falls on either side , it is not good intentions , nor p●aefrau●es , that will excuse from going out of the way of well-doing , but here lyes the exercise of godly wisdom to keep in the narrow way of well-doing shewed in the word of god , to fear god , and honour the king , to give unto god the things that are gods , and unto cesar the things that are cesars . the counsel of our saviour is to be remembred , be wise as serpents , and innocent as doves , the serpents ey in the doves head , becomes a christian well , it is for the honour of religion when the servants of god cary it so as paul did , so as to give no occasion ; so as to cut off occasion from them that seek occasion , that we may be able to say as he did , neither against the temple , nor against the law , nor ●gainst cesar have i offended any thing , act. 25.8 . and so as daniel did in whom there was an excellent spirit dan. 6.3 and the excellencie of his spirit did appear in this , that he behaved himselfe so as those that sought to find occasion against him , could find none , for as much as he was faithfull , neither was there any errour or fault in him , then said these men , we shall not find any occasion against this daniel , except we find it against him concerning the law of his god. my fathers & brethren , this is for our admonition , and this will be for the honour of religion , when such as have the managing of publick affaires , are understanding in the times to know what israel ought to do● , 2 chron. 12.32 . not what they can do , or what they will do , but what they ought to do , not what their liberty is , but what their duty is , and what their liberty is according to their duty . to serve the times in matters of religion we must not : we must obey god rather then men , if it come to a stress , but in managing publick affairs in such times as daniel lived in the matter did so require for him to be so carefull , as that no errour nor fault might be found in him . this is for our imitation . the holy ghost informes us , it is the wisdom of the prudent to understand his way , prov. 14.8 . and a wise mans heart discerneth of time and judgment : and in ephes . 5.17 . be not unwise , but understanding what the will of the lord is . in two evils of sin , there is no election , neither is to be chosen , but in two evils of affliction the less hath the respect of a good , and may be chosen to prevent a greater evil . in the question what is best , we are not only to consider what is best in it self , but what is best with reference to all the circumstances of a case . in matters divine where we have a clear command , with moses we must not yeild an hoof , but in matters humane , summum jus may be summa injuria , standing upon extream right , may prove extream wrong , salu● populi suprema lex , the safety of the common-wealth , is the supream law. and here , suffer me i beseech you to exhort you unto that which is the duty of us all , and that is , to be peaceable and faithful in israel , according to that speech of one in a troublesome time , when there were some that said they had no part in david , 2 sam. 20.19 . i am one that am peaceable and faithfull in israel , it was the speech of a woman , but it may well become the wisest men and the most godly , to be peaceable and faithfull in israel . first peaceable from schisme in the church , and sedition in the common-wealth , or whatsoever tends unto faction , studying to be quiet , and every one to do their own work , and then faithfull to the cause of religion according to our duty to god : faithfull to the king according to the oath of alleg●●nce , and faithfull to the government here according to the oath of fidelity . and be you all exhorted in the words of the holy apostle rom. 14. ●9 . ●●w after the things which make for peace , and beware of such things as may endanger it amongst your selves , let none say that these or those are disaffected to the cause of god and his people , because they see not 〈◊〉 some things as others do , do not impropriate the cause of religion to some in opposition to others , who profess the same cause , none should speak of themselves as if they were the godly party and eminently saints and faithful with despising others , nothing is more offensive amongst christians , then to confine religion to some singular opinion , as if religion did mainly center there , there were differences at corinth , but how doth the apostle write unto them all , 1 cor. 1.2 . 2 cor. 1.2 . to the saints at corinth , and to all that call upon the name of the lord jesus , their lord and ours ; mark that expression their lord and ours , theirs and ours , wherin the apostle checks the conceitedness in some that would impale and inclose the common cause of christ unto themselves and some peculiar opinion of theirs , let us beware of this . and the apostle saw it needfull to admonish the best christians , let nothing be done through strife or vain glory , or in a way of provoking one another , avoyding jealousi●s and uncharitable censures , being watchfull that satan get no advantage , this also is for our admonition , and i hope that the votes of this day will make it appear you have a due respect unto your ancient magistrates that have born the burden and heat of the day , and that you have no undue prejudice against any that have been and may be still instruments of publick good . when once in capua they were thinking of leaving out some of their senators , they considered where they should have better and what might follow , ( they considered what might follow ) and this reconciled their mindes . finally brethren be you all of one mind in this to be faithfull and peaceable in israel , that as it hath been , so it may still be an honour to all the people of this colonie , that they are peaceable men ; and whatever the rumors and surmises have been , yet i hope it will appear , such as are not yet fr●-men will be so farr from disturbance that they will not offer to vote in the elections of this day . and i doubt not but the general court will take the case into serious consideration afterwards , but for the present all should be carefull that there may be a peaceable transaction of the publick affaire , and a peaceable subjection to the government here , and that all the people as one man doe manifest their due sense of the many , blessings they have enjoyed under the present government for so many years , that there may be conjoyned prayers and endeavours for the continuance of it , according to the patent , which under god and the king is to be acknowledged as the foundation of the civil government here . it is now 35 year since i well remember , in the year 28 that one of the first ministers that came over into this wilderness , giving some account of his grounds in a great assembly of many thousands at leicester in old-england , he mentioned this as one , the mercy of the patent , and the largeness of the patent , from the royall authority of england , for the people here to chuse their own magistrates , and to admit unto freedom such as they should think meet , and that religion was the principall end of this plantation in his majesties royal intention and the adventurers free possession . this whole generation hath seen how good the lord hath been unto us in this wilderness for so many years under the government setled here by the patent . and therefore at in the matter of religion we are to keep to the word of god , so in the matter of the civil government keep to the patent . and thus to be peaceable & faithful in israel , is the way of well doing , wherin we are to commit the maintaining of the cause of religion to the lord our god. i shall now dispatch the other two directions very breifly . 2. in the way of humble prayer , commit this cause unto god by humble fervent and frequent prayer as we are directed in the text : let these my prayers be nigh to the lord our god , that he maintain the cause of his people israel . when the matter requires more then ordinary help from the lord himselfe , and yet the lord seems to withdraw and to be asleep , then the servants of god must awaken him by their importunate prayers , as the disciples in the storm did awaken our saviour , saying ; lord save us or we perish . when the people of god are faithfull to own his cause , and carefull , neither to fall short of their duty nor to go beyond it , but keep in the narrow way of wel-doing and yet meet with such stormes of providence as they are at their wits end what remaines then but prayers & tears ? o our god we know not what to doe , but our eyes are unto thee , arise o lord and plead thy own cause . awake awake o arm of the lord as in ancient times . 3. last of all , sanctifie the lord himselfe as the alsufficient maintainer of this cause as david said , th●● o lord art the maintainer of my l●● , psal . 16.5 . when the cause of religion seemes ready to be spoiled by the professors of it , and ready to be mined by the opposers of it , yet there is one in heaven that is able and faithfull , and watchfull , and skilful , for the preservation of it , and therefore in quietness , and confidence , in returning and resting shall we be saved , as the prophet speaks , isai . 30.15 . we should not onely submit unto , but acquiesce and rest in the infinite wisdom and good pleasure of god , that he may doe it in his own way , rejoicing in this , that the lord reignes over all . give unto the lord the glory due unto his name , that he will not forsake his people , ( he may afflict his people , and there may be need of it and cause for it , but he will not forsake his people ) for his great names sake , 1 sam. 12.22 . and be comforted in this , that the safety of the church militant lyes upon the hand , and belongs to the care of jesus christ ; the ship of the church may be endangered , it cannot be drowned so long as the lord lives , he hath a thousand wayes ( that we know not of ) for him to maintain his own and his peoples cause . now unto him be glory in the church by christ jesus throughout all ages , world without end . amen . finis . 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 approx. 120 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-05 (eebo-tcp phase 1). a70490 wing l2936b estc r14306 12157737 ocm 12157737 55182 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a70490) transcribed from: (early english books online ; image set 55182) images scanned from microfilm: (early english books, 1641-1700 ; 599:10 or 768:10) 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. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -england -london. london (england) -charters, grants, privileges. 2003-12 tcp assigned for keying and markup 2004-01 aptara keyed and coded from proquest page images 2004-02 emma (leeson) huber sampled and proofread 2004-02 emma (leeson) huber text and markup reviewed and edited 2004-04 pfs batch review (qc) and xml conversion 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. 