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         Atwood, William, d. 1705?
      
       
         
           1695
        
      
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             The rights and authority of the Commons of the city of London in their Common-hall assembled, particularly in the choice and discharge of their sheriffs, asserted and cleared in answer to the vindication of the Lord-Mayor, Court of Aldermen, and Common-Council.
             Atwood, William, d. 1705?
          
           28 p.
           
             [s.n.],
             London :
             1695.
          
           
             Attributed to William Atwood by NUC pre-1956 imprints.
             Reproduction of original in the Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           City of London (England). -- Court of Common Council.
           Sheriffs -- England -- London.
           London (England) -- Politics and government.
        
      
    
     
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           THE
           RIGHTS
           AND
           AUTHORITY
           OF
           THE
           COMMONS
           OF
           THE
           City
           of
           LONDON
           ,
           In
           their
           COMMON-HALL
           assembled
           ,
           Particularly
           in
           the
           Choice
           and
           Discharge
           OF
           THEIR
           SHERIFFS
           ,
           Asserted
           and
           Cleared
           .
           In
           Answer
           to
           the
           Vindication
           of
           the
           
             Lord-Mayor
             ,
             Court
          
           of
           Aldermen
           ,
           and
           Common-Council
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCXCV
           .
        
      
    
     
       
         
         
         
           The
           Rights
           and
           Authority
           of
           the
           Commons
           of
           the
           City
           of
           London
           in
           their
           
             Common
             Hall
          
           assembled
           ,
           Particularly
           in
           the
           Choice
           and
           Discharge
           of
           
             their
             Sheriffs
          
           ,
           asserted
           and
           cleared
           .
        
         
           In
           Answer
           to
           the
           Vindication
           of
           the
           
             Lord-Mayor
             ,
             Court
          
           of
           Aldermen
           ,
           and
           Common-Council
           .
        
         
           IF
           the
           present
           Controversy
           in
           the
           City
           of
           London
           be
           unhappy
           ,
           and
           ill-tim'd
           ;
           the
           blame
           of
           continuing
           ,
           if
           not
           of
           raising
           it
           ,
           must
           fall
           upon
           that
           Side
           ,
           which
           shall
           appear
           to
           have
           been
           in
           the
           wrong
           .
        
         
           But
           since
           such
           a
           Contest
           is
           begun
           ,
           in
           some
           Respects
           the
           present
           Time
           may
           be
           thought
           propitious
           ,
           for
           bringing
           it
           to
           a
           fair
           Decision
           .
           For
           ,
        
         
           1.
           
           There
           is
           the
           less
           Danger
           in
           it
           ,
           because
           it
           happens
           chiefly
           among
           Men
           united
           in
           the
           same
           Cause
           and
           Common
           Interest
           ;
           who
           have
           always
           stood
           up
           for
           the
           Rights
           of
           the
           City
           ,
           and
           are
           likely
           to
           manage
           the
           Question
           ,
           who
           are
           principally
           entrusted
           with
           the
           Care
           of
           its
           Rights
           ,
           without
           Animosities
           ;
           and
           quietly
           to
           submit
           to
           Authority
           ,
           or
           Conviction
           .
        
         
           2.
           
           The
           Learning
           and
           Integrity
           of
           the
           
             present
             Judges
          
           ,
           and
           the
           Independency
           of
           their
           Places
           ,
           assure
           the
           right
           Side
           of
           Justice
           .
        
         
           3.
           
           If
           it
           could
           be
           imagin'd
           ,
           that
           they
           would
           be
           influenc'd
           by
           the
           Court
           :
           It
           is
           an
           happiness
           that
           there
           is
           no
           colour
           to
           suspect
           ,
           that
           our
           present
           Ministry
           should
           interpose
           to
           the
           Prejudice
           of
           either's
           Right
           .
        
         
           And
           as
           no
           Prince
           ,
           who
           is
           not
           truly
           popular
           himself
           ,
           can
           be
           pleas'd
           to
           have
           Power
           lodg'd
           in
           any
           great
           Body
           of
           his
           People
           ;
           the
           
             Common
             Hall
          
           could
           not
           ,
           in
           any
           Reign
           but
           this
           ,
           since
           Queen
           
           Elizabeth's
           ,
           have
           expected
           to
           bring
           on
           their
           Cause
           without
           great
           Disadvantage
           .
        
         
           And
           certain
           it
           is
           ,
           there
           never
           was
           so
           great
           a
           Body
           of
           Men
           ,
           of
           more
           steady
           Loyalty
           to
           their
           Prince
           ,
           than
           this
           
             Common
             Hall
          
           is
           to
           his
           
             present
             Majesty
          
           King
           William
           .
        
         
           Yet
           I
           cannot
           but
           hope
           ,
           that
           this
           Controversy
           may
           be
           ended
           ,
           without
           recourse
           to
           Westminster-Hall
           ,
           or
           the
           last
           resort
           to
           Parliament
           .
        
         
           For
           to
           me
           it
           seems
           ,
           there
           wants
           nothing
           to
           the
           quieting
           the
           Controversy
           ,
           but
           the
           setting
           it
           in
           a
           true
           Light
           :
           Which
           I
           shall
           endeavour
           to
           do
           with
           that
           faithfulness
           and
           impartiality
           ,
           which
           becomes
           a
           constant
           Servant
           to
           Truth
           ,
           and
           the
           
             Old
             English
             Liberties
          
           .
        
         
           But
           I
           must
           premise
           ,
           that
           tho
           the
           Author
           of
           the
           pretended
           modest
           Essay
           ,
           runs
           the
           Dispute
           as
           high
           as
           if
           the
           Common-Council
           and
           Common-Hall
           ,
           were
           like
           Rome
           and
           Carthage
           ;
           The
           sole
           Point
           now
           in
           Question
           is
           ,
        
         
           Whether
           the
           Lord-Mayor
           ,
           and
           
             Court
             of
             Aldermen
          
           ,
           by
           themselves
           ,
           
           or
           in
           conjunction
           with
           the
           Common-Council
           ,
           as
           now
           composed
           or
           acting
           ,
           have
           
             rightful
             Power
          
           to
           discharge
           any
           Person
           ,
           whom
           the
           Citizens
           assembled
           in
           Common-Hall
           have
           chosen
           Sheriff
           ;
           and
           to
           exempt
           him
           ,
           or
           others
           ,
           from
           the
           Service
           ,
           for
           a
           Year
           ,
           or
           Years
           to
           come
           ?
        
         
           Bating
           what
           relates
           to
           the
           higher
           Controversy
           ,
           he
           uses
           but
           three
           Topicks
           to
           justify
           the
           defeating
           ,
           or
           vacating
           the
           Election
           of
           the
           Common-Hall
           .
        
         
           
             I.
             The
             Resolution
             of
             the
             Judges
             ,
             40
             &
             41
             Eliz.
             
          
           
             II.
             By-Laws
             .
          
           
             III.
             Custom
             .
          
        
         
           Every
           one
           of
           which
           I
           shall
           shew
           to
           be
           fully
           against
           him
           :
           and
           that
           both
           such
           By-Laws
           and
           Custom
           ,
           unless
           of
           another
           Nature
           than
           is
           or
           can
           be
           pretended
           ,
           would
           be
           absolutely
           void
           .
        
         
           I.
           The
           Resolution
           of
           the
           Judges
           is
           no
           more
           in
           Substance
           than
           this
           ;
           
           That
           tho
           the
           Choice
           of
           Officers
           in
           Cities
           and
           Towns
           incorporated
           by
           Charters
           ,
           be
           granted
           to
           Mayor
           and
           Commonalty
           ,
           or
           the
           like
           ;
           yet
           
             antient
             and
             usual
             Elections
          
           ,
           by
           a
           certain
           select
           Number
           ,
           are
           warrantable
           ,
           by
           reason
           of
           By-Laws
           ,
           made
           to
           avoid
           
             popular
             Confusions
          
           ;
           by
           virtue
           of
           a
           Power
           of
           making
           
             By-Laws
             given
             by
             the
             Charters
          
           .
           And
           that
           tho
           such
           By-Laws
           cannot
           be
           found
           ,
           they
           shall
           be
           presum'd
           :
           and
           that
           this
           was
           
             by
             common
             Assent
             ,
             because
             of
             such
             especial
             manner
             of
             antient
             and
             continual
             Election
             .
          
           And
           according
           to
           this
           Resolution
           ,
           the
           Elections
           are
           said
           to
           have
           been
           in
           the
           City
           of
           London
           .
        
         
           But
           since
           the
           Common-Council
           do
           not
           pretend
           to
           chuse
           the
           Sheriffs
           ,
           otherwise
           than
           as
           part
           of
           the
           Common-Hall
           ,
           which
           has
           long
           been
           in
           possession
           of
           this
           Right
           ;
           it
           is
           evident
           ,
           that
           the
           Resolution
           of
           the
           Judges
           is
           so
           far
           from
           proving
           the
           pretended
           Authority
           
           of
           the
           Common-Council
           ,
           to
           set
           aside
           Elections
           made
           by
           the
           greater
           Body
           of
           the
           City
           ;
           that
           it
           manifests
           the
           illegality
           of
           the
           Attempt
           :
           since
           ,
           according
           to
           this
           Resolution
           ,
           the
           Common-Hall
           is
           ,
           to
           this
           Purpose
           at
           least
           ,
           not
           only
           the
           fullest
           ,
           but
           the
           
             truest
             Representative
          
           or
           the
           Body
           of
           Citizens
           ;
           
           who
           ,
           according
           to
           Grotius
           his
           Distinction
           ,
           are
           the
           
             Common
             Subject
          
           of
           this
           Power
           ,
           while
           their
           Representatives
           assembled
           in
           Common-Hall
           ,
           are
           the
           
             Proper
             Subject
          
           by
           which
           it
           is
           exercised
           .
        
         
           And
           if
           it
           were
           admitted
           ,
           that
           an
           Authority
           to
           make
           this
           Power
           useless
           ,
           or
           to
           weary
           them
           out
           of
           it
           ,
           were
           by
           some
           By-Law
           given
           to
           the
           Common-Council
           as
           now
           composed
           ;
           or
           that
           the
           Custom
           has
           so
           long
           been
           on
           their
           Side
           ,
           that
           such
           a
           By-Law
           is
           now
           to
           be
           presumed
           ;
           yet
           it
           is
           very
           evident
           ,
           that
           there
           is
           nothing
           to
           warrant
           it
           in
           that
           Resolution
           .
           For
           besides
           ,
           that
           ,
           as
           I
           have
           observed
           already
           ,
           it
           only
           concerned
           Elections
           :
        
         
           1.
           
           The
           Case
           is
           only
           of
           such
           Provisions
           as
           have
           been
           made
           ,
           or
           are
           presumable
           to
           have
           been
           made
           ,
           
             to
             avoid
             popular
             Confusions
          
           :
           which
           the
           Common-Council
           may
           ,
           if
           they
           please
           ,
           urge
           ,
           for
           the
           setting
           aside
           the
           Usage
           for
           Elections
           in
           Common-Hall
           :
           But
           then
           they
           must
           consider
           ,
           that
           an
           Arbitrary
           Court
           would
           be
           sure
           to
           fight
           them
           with
           their
           own
           Weapon
           ,
           and
           ,
           with
           parity
           of
           Reason
           ,
           to
           set
           them
           aside
           .
           And
           I
           submit
           it
           to
           their
           calm
           Consideration
           ,
           whether
           the
           indefeazibleness
           of
           Elections
           ,
           without
           the
           Consent
           of
           those
           who
           made
           them
           ;
           or
           the
           defeating
           them
           at
           the
           Pleasure
           of
           others
           ,
           and
           from
           time
           to
           time
           requiring
           a
           new
           Choice
           ,
           be
           the
           most
           likely
           to
           occasion
           
             popular
             Confusions
          
           ?
        
         
           2.
           
           The
           Case
           put
           is
           only
           of
           
             Corporations
             by
             Charter
          
           ,
           and
           deriving
           their
           Power
           of
           making
           By-Laws
           from
           such
           Charters
           ;
           in
           most
           ,
           if
           not
           all
           of
           which
           ,
           that
           Power
           is
           by
           the
           Charters
           lodg'd
           in
           a
           select
           ●umber
           there
           appointed
           .
           When
           ,
           as
           I
           shall
           shew
           ,
           the
           Citizens
           of
           London
           were
           a
           
             Body
             Politick
          
           ,
           with
           Power
           of
           making
           Laws
           for
           the
           Welfare
           of
           the
           City
           ;
           and
           had
           the
           ●hoice
           of
           their
           Portreve
           ,
           since
           called
           Mayor
           ,
           and
           of
           the
           Sheriff
           of
           their
           ●ity
           ,
           by
           Prescription
           ,
           before
           they
           had
           any
           Charter
           :
           Which
           if
           they
           had
           ,
           tho
           the
           Sheriffwick
           of
           Middlesex
           were
           annex'd
           to
           London
           by
           Charter
           ;
           that
           would
           fall
           under
           the
           same
           Government
           ,
           and
           be
           subject
           to
           an
           Authority
           independent
           on
           any
           Charter
           ;
           especially
           if
           such
           Annexation
           has
           been
           
             before
             time
             of
             memory
          
           ,
           and
           confirmed
           by
           Acts
           of
           Parliament
           .
        
         
           And
           further
           yet
           ,
           if
           it
           will
           appear
           ,
           that
           no
           Charter
           to
           the
           City
           of
           London
           about
           making
           By-Laws
           ,
           appoints
           any
           select
           Number
           for
           the
           exercice
           of
           this
           Power
           ;
           it
           will
           if
           possible
           be
           more
           evident
           ,
           that
           the
           Resolution
           of
           the
           Judges
           has
           nothing
           to
           support
           the
           Authority
           claim'd
           by
           the
           present
           Common-Council
           .
        
         
           However
           it
           must
           be
           remember'd
           ,
           that
           the
           Resolution
           says
           ,
           
             Such
             especial
             manner
             of
             antient
             and
             continual
             Election
             ,
          
           could
           not
           begin
           
             without
             common
             Assent
          
           .
        
         
           Since
           therefore
           
             common
             Assent
          
           has
           plac'd
           the
           Election
           of
           Sheriffs
           in
           the
           Common-Hall
           ;
           it
           will
           lie
           upon
           the
           other
           Side
           to
           shew
           at
           least
           the
           Presumption
           of
           
             common
             Assent
          
           ,
           to
           place
           the
           Discharge
           in
           the
           Common-Council
           .
           And
           they
           must
           not
           for
           this
           urge
           any
           Act
           of
           Common-Council
           as
           Authoritative
           in
           it self
           .
        
         
           
           2.
           
           I
           do
           not
           find
           that
           the
           Vindicator
           pretends
           ,
           that
           the
           Custom
           for
           the
           Mayor
           and
           Aldermen
           by
           themselves
           ,
           or
           in
           conjunction
           with
           the
           Common-Council
           ,
           to
           discharge
           a
           Person
           chosen
           Sheriff
           by
           the
           Common-Hall
           ,
           is
           so
           antient
           ,
           that
           a
           By-Law
           to
           warrant
           it
           ,
           made
           by
           the
           Common-Council
           as
           now
           acting
           ,
           
           much
           less
           by
           the
           Common-Hall
           ,
           is
           to
           be
           presumed
           .
           But
           he
           insists
           upon
           Positive
           By-Laws
           made
           in
           the
           Common-Council
           ,
           for
           their
           excusing
           any
           Persons
           duly
           chosen
           ,
           by
           admitting
           them
           to
           Fine
           for
           one
           Year
           .
           This
           he
           supposes
           to
           have
           been
           established
           by
           several
           Acts
           of
           Common-Council
           ,
           one
           of
           which
           he
           pretends
           to
           have
           transcribed
           .
        
         
           But
           certainly
           no
           Act
           ever
           began
           with
           [
           and
           ]
           as
           his
           Transcript
           does
           :
           And
           it
           is
           visible
           ,
           that
           what
           he
           gives
           as
           the
           whole
           Act
           ,
           7
           C.
           1.
           is
           very
           lame
           and
           imperfect
           .
           Had
           he
           publish'd
           the
           beginning
           of
           it
           ,
           the
           pretence
           of
           more
           Acts
           of
           Common-Council
           than
           that
           one
           ,
           unless
           they
           be
           of
           very
           late
           and
           suspected
           Date
           ,
           must
           have
           vanish'd
           .
           For
           tho
           ,
           as
           may
           appear
           by
           comparing
           it
           with
           former
           Acts
           ,
           it
           makes
           in
           great
           measure
           the
           same
           Provisions
           ,
           and
           uses
           almost
           the
           same
           words
           with
           some
           of
           them
           ,
           only
           altering
           the
           Penalties
           ,
           and
           Values
           of
           Estates
           requir'd
           for
           a
           Qualification
           ,
           with
           some
           other
           necessary
           Circumstances
           ;
           yet
           it
           in
           express
           Terms
           
             repeals
             all
             former
             Acts
          
           made
           upon
           that
           Subject
           .
        
         
           The
           Substance
           of
           what
           he
           is
           pleas'd
           to
           communicate
           ,
           is
           this
           ;
           If
           any
           Freeman
           of
           the
           City
           ,
           being
           duly
           chosen
           Sheriff
           ,
           shall
           not
           personally
           appear
           before
           the
           Mayor
           and
           Aldermen
           ,
           at
           their
           next
           Court
           ,
           unless
           he
           have
           such
           reasonable
           Excuce
           as
           the
           Mayor
           and
           
             greater
             part
             of
             the
             Aldermen
             then
             present
             shall
             allow
          
           ;
           and
           there
           enter
           into
           Bond
           to
           take
           the
           Office
           upon
           him
           in
           Common-Hall
           ,
           on
           Michaelmass
           Eve
           ;
           or
           shall
           openly
           refuse
           ;
           he
           shall
           forfeit
           as
           is
           there
           provided
           ;
           
             Unless
             he
             shall
             be
             duly
             discharged
             for
             want
             ☞
             or
             defect
             of
             Ability
             in
             Wealth
          
           ;
           and
           shall
           nevertheless
           remain
           
             eligible
             yearly
          
           afterwards
           ,
           
             as
             if
             he
             had
             never
             been
             chosen
             .
          
        
         
         
           Upon
           thus
           much
           of
           the
           Order
           it
           is
           observable
           ;
        
         
           1.
           
           That
           the
           Excuce
           to
           be
           allowed
           by
           the
           Lord-Mayor
           and
           Aldermen
           ,
           is
           not
           for
           not
           taking
           the
           Office
           upon
           him
           ;
           but
           for
           not
           attending
           at
           the
           next
           Court-Day
           ;
           and
           not
           entring
           into
           Bond
           before-hand
           ,
           to
           oblige
           himself
           to
           take
           the
           Office
           upon
           him
           in
           Common-Hall
           .
        
         
           Now
           it
           is
           probable
           ,
           that
           Men
           may
           have
           been
           out
           of
           Town
           ,
           or
           detain'd
           by
           Sickness
           ,
           or
           necessary
           Affairs
           ,
           which
           hindred
           them
           from
           engaging
           at
           the
           next
           Court-Day
           to
           take
           the
           Office
           ;
           and
           yet
           they
           might
           appear
           in
           Common-Hall
           time
           enough
           to
           enter
           upon
           it
           .
           And
           therefore
           the
           Court
           of
           Aldermen
           might
           be
           Judges
           of
           the
           Reasonableness
           of
           the
           Excuce
           ,
           for
           not
           engaging
           before-hand
           ;
           or
           at
           least
           not
           so
           soon
           as
           the
           Order
           in
           strictness
           requires
           :
           and
           yet
           there
           would
           be
           no
           Consequence
           from
           thence
           ,
           That
           it
           is
           in
           their
           Power
           totally
           to
           excuse
           from
           holding
           .
        
         
           Further
           yet
           it
           will
           appear
           ,
           That
           this
           of
           entring
           into
           Bond
           ,
           was
           an
           additional
           Provision
           made
           34
           Eliz.
           and
           repeated
           7
           Car.
           1.
           beyond
           what
           was
           in
           any
           former
           Order
           ;
           Nor
           was
           there
           any
           Custom
           in
           the
           City
           for
           entering
           into
           such
           Bond.
           This
           therefore
           being
           a
           Creature
           of
           Common-Council
           ,
           might
           be
           left
           to
           the
           Discretions
           of
           the
           Mayor
           and
           Aldermen
           ,
           without
           the
           least
           Prejudice
           to
           the
           Right
           of
           the
           Common-Hall
           .
        
         
           2.
           
           The
           Excuce
           of
           which
           the
           Mayor
           and
           Aldermen
           are
           made
           Judges
           ,
           is
           only
           such
           as
           is
           reasonable
           ;
           so
           that
           their
           Discretion
           is
           a
           
             legal
             Discretion
          
           :
           And
           if
           the
           Excuce
           be
           for
           not
           holding
           the
           Office
           ,
           it
           is
           evident
           that
           no
           Excuce
           for
           that
           is
           to
           be
           allowed
           ,
           unless
           it
           be
           want
           of
           sufficient
           Estate
           ;
           in
           which
           Case
           ,
           only
           ,
           the
           Party
           is
           dischargable
           by
           the
           Words
           of
           that
           Order
           .
        
         
           3.
           
           Paying
           a
           Penalty
           is
           not
           properly
           any
           Excuce
           .
        
         
           4.
           
           He
           is
           to
           be
           
             discharged
             duly
          
           ;
           the
           Order
           does
           not
           mention
           by
           whom
           :
           But
           this
           ,
           as
           it
           will
           appear
           ,
           ought
           to
           be
           by
           the
           Common-Hall
           ;
           either
           in
           express
           Terms
           ,
           or
           by
           implication
           ,
           in
           their
           proceeding
           to
           a
           new
           Choice
           .
        
         
           But
           for
           what
           Time
           the
           Discharge
           shall
           be
           ,
           will
           ,
           notwithstanding
           that
           Order
           ,
           be
           absolutely
           at
           the
           Discretion
           of
           the
           Common-Hall
           .
           Some
           would
           infer
           from
           the
           Words
           ,
           [
           
             be
             shall
             be
             yearly
             eligible
          
           ]
           that
           the
           Person
           who
           is
           excused
           by
           the
           Mayor
           and
           Aldermen
           on
           paying
           his
           Fine
           ,
           shall
           
             not
             be
             eligible
          
           till
           another
           Year
           .
           Whereas
           ,
        
         
           1.
           
           It
           must
           be
           remembred
           ,
           that
           the
           Excuce
           of
           which
           they
           are
           made
           the
           Judges
           ,
           is
           not
           from
           holding
           ;
           but
           tho
           he
           should
           hold
           ,
           he
           is
           subject
           to
           the
           Penalty
           ,
           if
           he
           does
           not
           in
           due
           time
           oblige
           himself
           to
           hold
           .
        
         
           2.
           
           The
           [
           
             yearly
             Eligible
          
           ]
           may
           be
           in
           every
           Year
           after
           that
           Order
           ,
           when
           the
           Penalty
           should
           happen
           to
           be
           incurred
           .
           Accordingly
           ,
           the
           Order
           speaks
           only
           of
           the
           Discharge
           of
           Persons
           to
           be
           chosen
           ;
           and
           without
           such
           an
           Interpretation
           as
           this
           of
           [
           yearly
           ]
           ,
           could
           not
           be
           taken
           to
           extend
           to
           Persons
           
             actually
             chosen
          
           .
        
         
           Or
           else
           it
           may
           be
           for
           every
           Year
           following
           his
           Default
           :
           according
           to
           the
           usual
           Entries
           ,
           that
           such
           a
           Man
           was
           chosen
           Sheriff
           
             for
             the
             Year
             ensuing
          
           .
        
         
           Besides
           ,
           by
           the
           express
           Words
           ,
           the
           Party
           is
           
             Eligible
             ,
             as
             if
             he
             had
             never
             been
             chosen
             :
          
           And
           therefore
           he
           must
           remain
           Eligible
           ,
           as
           if
           he
           had
           never
           paid
           his
           Fine
           ;
           which
           follows
           the
           Choice
           .
        
         
           This
           will
           be
           yet
           more
           evident
           ,
           if
           we
           compare
           this
           with
           the
           Act
           of
           Common-Council
           ,
           
           19
           H.
           8.
           repeated
           in
           Substance
           by
           that
           34
           Eliz.
           with
           only
           necessary
           Alterations
           ;
           and
           by
           this
           7
           Car.
           1.
           
           For
           it
           will
           appear
           to
           have
           been
           the
           Intention
           of
           this
           ,
           as
           well
           as
           of
           former
           Orders
           ,
           as
           indeed
           it
           is
           of
           most
           Laws
           ,
           to
           oblige
           Men
           to
           their
           Duty
           by
           exacting
           the
           Penalty
           :
           not
           to
           take
           the
           Penalty
           to
           excuse
           from
           their
           Duty
           ;
           much
           less
           thereby
           to
           exempt
           from
           Penalties
           ,
           when
           the
           Offence
           shall
           be
           repeated
           .
        
         
           And
           it
           is
           observable
           ,
           that
           the
           Order
           ,
           19
           H.
           8.
           has
           not
           the
           word
           [
           Yearly
           ]
           ,
           
           which
           gives
           colour
           to
           a
           Dispute
           ;
           it
           declaring
           ,
           That
           such
           Person
           shall
           be
           Eligible
           ,
           notwithstanding
           his
           paying
           the
           Penalty
           .
        
         
           3.
           
           If
           there
           had
           been
           any
           intention
           of
           exempting
           the
           Offender
           for
           a
           Year
           ,
           upon
           suffering
           the
           Penalty
           ;
           it
           would
           certainly
           have
           been
           in
           the
           Negative
           ,
           that
           he
           should
           not
           be
           eligible
           till
           the
           next
           Year
           .
           Which
           ,
           indeed
           ,
           would
           have
           been
           no
           very
           wise
           Provision
           ;
           and
           ,
           as
           will
           appear
           ,
           directly
           contrary
           to
           the
           Preamble
           ,
           and
           declar'd
           Intention
           of
           that
           very
           Order
           .
        
         
           But
           for
           certain
           ,
           whatever
           Power
           may
           have
           been
           entrusted
           with
           the
           Common-Council
           ;
           they
           cannot
           ,
           according
           to
           the
           known
           Rule
           of
           Law
           ,
           set
           aside
           the
           
             City's
             common
             Law-Right
          
           of
           chusing
           any
           Person
           capacitated
           for
           the
           Service
           ,
           without
           a
           Clause
           in
           the
           Negative
           ;
           that
           is
           to
           say
           ,
           that
           they
           shall
           not
           chuse
           a
           Person
           ,
           discharg'd
           by
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           ,
           upon
           paying
           his
           Fine
           ,
           till
           another
           Year
           .
        
         
           Tho
           ,
           as
           it
           will
           appear
           ,
           it
           signifies
           nothing
           to
           the
           Merits
           of
           the
           Cause
           ,
           
           what
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           have
           done
           ,
           for
           drawing
           to
           themselves
           Jurisdiction
           or
           Authority
           from
           a
           greater
           and
           higher
           Court
           in
           being
           ,
           and
           full
           exercice
           of
           Authority
           ,
           and
           of
           which
           they
           make
           but
           a
           small
           part
           ;
           yet
           what
           is
           call'd
           
             Argumentum
             
             ad
             Hominem
          
           ,
           is
           never
           to
           be
           neglected
           .
           For
           to
           prove
           ,
           that
           those
           very
           Arguments
           in
           which
           Men
           place
           their
           Strength
           ,
           make
           directly
           against
           them
           ,
           is
           to
           disarm
           ,
           if
           not
           convince
           them
           .
        
         
           To
           this
           end
           it
           may
           be
           of
           Service
           to
           shew
           ,
           what
           Provisions
           had
           formerly
           been
           made
           in
           this
           Matter
           :
           and
           what
           has
           been
           omitted
           by
           the
           Vindicator
           ,
           out
           of
           the
           Order
           7
           C.
           1.
           agreeing
           with
           those
           former
           Provisions
           .
        
         
           
           In
           the
           24
           th
           of
           E.
           3.
           a
           publick
           Act
           or
           Ordinance
           had
           been
           made
           ,
           which
           taking
           notice
           ,
           That
           
             
               many
               sufficient
            
             Persons
             us'd
             to
             absent
             themselves
             out
             of
             the
             City
             to
             avoid
             the
             Office
             of
             Sheriff
             ;
             by
             means
             whereof
             
               Persons
               less
               sufficient
            
             were
             chosen
             
               thro
               their
               Default
            
             ;
             to
             the
             
               great
               Mischief
            
             of
             them
             ,
             and
             to
             the
             Desolation
             of
             the
             City
             ;
             and
             so
             following
             to
             the
             
               great
               Jeopardy
            
             of
             the
             Franchises
             of
             the
             same
             :
          
           Disfranchises
           such
           Absenters
           ,
           and
           allows
           of
           no
           Excuce
           ,
           unless
           they
           swear
           with
           six
           Vouchers
           ,
           that
           they
           did
           not
           absent
           themselves
           for
           that
           Purpose
           .
        
         
           This
           was
           manifestly
           made
           in
           Common-Hall
           :
           For
           one
           Evidence
           of
           which
           it
           is
           to
           be
           observ●d
           ,
           that
           it
           was
           on
           the
           Feast
           of
           St.
           Matthew
           ,
           which
           had
           been
           the
           usual
           Day
           for
           such
           Elections
           ,
           till
           the
           Day
           was
           altered
           19
           H.
           8.
           
        
         
           And
           it
           is
           observable
           ,
           that
           tho
           the
           Common-Council
           19
           H.
           8.
           as
           some
           would
           think
           ,
           to
           colour
           their
           Authority
           to
           alter
           the
           Day
           and
           Penalty
           ;
           say
           it
           was
           
             ordain'd
             and
             establish'd
          
           by
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           
             Commons
             ,
             in
             their
             Common-Council
          
           ,
           24
           E.
           3.
           yet
           it
           is
           plain
           it
           was
           the
           Common-Council
           of
           all
           those
           who
           assembled
           at
           that
           Day
           for
           the
           Election
           .
        
         
           
           And
           the
           Common-Council
           ,
           18
           H.
           8.
           voting
           that
           antient
           Act
           to
           be
           put
           in
           execution
           in
           the
           Case
           of
           one
           Hynde
           ,
           and
           of
           all
           other
           such
           Offenders
           ;
           calls
           it
           ,
           according
           to
           the
           Stile
           it
           had
           at
           the
           making
           ,
           
             An
             Ordinance
             made
             by
          
           Walter
           Turk
           Mayor
           ,
           Simon
           Franceys
           ,
           and
           others
           ,
           [
           
             with
             the
             Assent
             of
             the
             whole
             City
          
           ]
           .
        
         
           It
           will
           further
           appear
           ,
           that
           whatever
           Councils
           may
           ,
           before
           the
           time
           of
           that
           old
           Act
           ,
           have
           been
           summon'd
           to
           particular
           Purposes
           ;
           no
           Common-Council
           separate
           from
           them
           that
           used
           to
           assemble
           in
           the
           Common-Hall
           ,
           was
           ever
           settled
           as
           a
           standing
           Council
           ,
           of
           any
           considerable
           Authority
           ,
           before
           that
           time
           .
        
         
           This
           publick
           Act
           of
           the
           whole
           City
           ,
           having
           therefore
           absolutely
           required
           all
           sufficient
           Persons
           chosen
           Sheriffs
           to
           serve
           ,
           upon
           pain
           of
           Disfranchisement
           ;
           and
           allowing
           of
           no
           Excuce
           but
           Insufficiency
           in
           Estate
           ;
           all
           Acts
           of
           Common-Council
           allowing
           any
           less
           or
           other
           Court
           ,
           to
           
             discharge
             sufficient
             Persons
          
           chosen
           ,
           or
           to
           exempt
           'em
           from
           being
           chosen
           ,
           must
           be
           void
           in
           themselves
           :
           And
           ,
           according
           to
           what
           the
           City
           has
           declared
           in
           its
           fullest
           Authority
           ,
           is
           the
           assuming
           a
           Power
           ,
           not
           only
           to
           injure
           those
           Persons
           ,
           who
           thro
           the
           Default
           of
           others
           ,
           serve
           before
           their
           turn
           :
           Which
           is
           a
           stretch
           beyond
           the
           Exercice
           of
           a
           
             Dispensing
             Power
          
           by
           the
           most
           Arbitrary
           of
           our
           Kings
           :
           But
           as
           it
           tends
           to
           the
           Desolation
           of
           the
           City
           ,
           and
           hazards
           the
           loss
           of
           its
           Franchises
           ;
           is
           beyond
           ,
           and
           contrary
           to
           ,
           any
           Power
           that
           they
           can
           pretend
           to
           for
           the
           making
           By-Laws
           :
           which
           can
           be
           only
           for
           the
           Benefit
           of
           the
           City
           .
           But
           ,
           in
           truth
           it
           will
           appear
           ,
           that
           Common-Councils
           after
           this
           solemn
           Declaration
           of
           the
           Sense
           of
           the
           City
           ,
           only
           took
           care
           to
           inforce
           the
           Substance
           of
           what
           was
           then
           enacted
           ;
           expressing
           what
           shall
           be
           adjudged
           Sufficiency
           ;
           and
           making
           other
           Penalties
           more
           likely
           to
           be
           effectual
           ,
           than
           the
           Bugbear
           of
           Disfranchisement
           ,
           can
           be
           with
           a
           wealthy
           Citizen
           ,
           who
           is
           above
           his
           Trade
           ,
           or
           any
           need
           of
           the
           Privileges
           of
           the
           City
           .
        
         
           
           Wherefore
           the
           Common-Council
           ,
           19
           H.
           8.
           having
           alter'd
           the
           Day
           of
           Election
           to
           a
           more
           convenient
           Day
           than
           the
           Feast
           of
           St.
           Matthew
           ;
           which
           was
           too
           near
           the
           Day
           on
           which
           Sheriffs
           were
           to
           be
           presented
           at
           the
           Exchequer
           ,
           making
           almost
           the
           same
           recital
           with
           the
           Act
           24
           E.
           3.
           provides
           ,
           That
           if
           the
           Person
           chosen
           shall
           make
           Default
           ,
           he
           shall
           pay
           200
           
             l.
             to
             the
             Vse
             of
             the
             Commonalty
             of
             the
             City
          
           ;
           100
           l.
           of
           which
           shall
           be
           given
           to
           him
           who
           next
           serves
           thro
           his
           Default
           .
        
         
           But
           expresly
           declares
           ,
           That
           every
           Person
           so
           making
           Default
           ,
           
             
               at
               all
               times
               be
               eligible
            
             unto
             the
             said
             Room
             and
             Office
             of
             Sheriffwick
             ;
             the
             said
             former
             Act
             ,
             or
             any
             ☞
             thing
             therein
             contained
             to
             the
             contrary
             ,
             [
             
               or
               the
               paiment
               of
               the
               said
            
             200
             
               l.
               for
               such
               Default
               ,
               notwithstanding
            
             ]
             .
          
        
         
           
           Thus
           the
           By-Laws
           in
           this
           Matter
           stood
           ,
           till
           13
           Eliz.
           when
           an
           Order
           of
           Common-Council
           was
           made
           ,
           expresly
           affirming
           ,
           or
           confirming
           ,
           all
           
             former
             Acts
             of
             Common-Council
          
           ,
           and
           
             Decrees
             of
             Court
          
           ,
           herein
           .
        
         
           Where
           
             Decrees
             of
             Court
          
           may
           well
           be
           taken
           to
           include
           the
           Decrees
           of
           the
           Common-Hall
           pronounc'd
           on
           the
           Hustings
           ;
           and
           consequently
           that
           24
           E.
           3.
           as
           to
           the
           requiring
           Persons
           chosen
           to
           hold
           ,
           without
           any
           Excuce
           but
           Insufficiency
           ,
           stands
           affirm'd
           13
           Eliz.
           
        
         
           That
           of
           the
           13
           th
           of
           Eliz.
           continued
           the
           same
           Penalty
           as
           19
           H.
           8.
           but
           made
           nothing
           under
           2000
           l.
           to
           be
           a
           sufficient
           Qualification
           :
           Yet
           that
           ,
           as
           well
           as
           the
           Order
           19
           H.
           8.
           stood
           in
           need
           of
           some
           amendment
           .
        
         
         
           Wherefore
           34
           Eliz.
           it
           was
           prudently
           provided
           ,
           
        
         
           1.
           
           That
           the
           Day
           of
           Election
           being
           within
           too
           few
           Days
           of
           the
           Time
           for
           presenting
           the
           Sheriffs
           at
           the
           Exchequer
           ,
           should
           be
           put
           back
           to
           the
           24
           th
           of
           June
           .
        
         
           2.
           
           There
           being
           no
           sufficient
           Means
           of
           securing
           the
           City
           before-hand
           ,
           that
           they
           might
           depend
           on
           a
           Person
           's
           standing
           ;
           a
           Bond
           was
           required
           for
           that
           purpose
           .
        
         
           3.
           
           The
           Penalty
           proving
           over-mild
           ,
           it
           was
           rais'd
           from
           200
           l.
           to
           400
           Marks
           ;
           and
           if
           the
           Person
           chosen
           were
           an
           Alderman
           ,
           to
           600
           Marks
           .
        
         
           4.
           
           It
           was
           not
           express'd
           ,
           19
           H.
           8.
           what
           Estate
           should
           qualify
           a
           Person
           for
           the
           Service
           ;
           and
           the
           Qualification
           required
           13
           Eliz.
           became
           insufficient
           ;
           wherefore
           the
           Order
           ,
           34
           Eliz.
           requir'd
           5000
           l.
           
        
         
           Upon
           these
           Accounts
           it
           repeal'd
           all
           former
           Orders
           about
           this
           Matter
           ;
           that
           a
           more
           effectual
           one
           might
           take
           place
           .
           But
           then
           it
           must
           be
           agreed
           ,
           that
           till
           the
           34
           th
           of
           Eliz.
           there
           was
           no
           manner
           of
           colour
           to
           imagine
           ,
           that
           paying
           a
           Fine
           could
           discharge
           any
           Man
           without
           Consent
           of
           the
           Common-Hall
           .
        
         
           And
           as
           it
           has
           appeared
           already
           ,
           that
           7
           Car.
           1.
           made
           no
           Alteration
           herein
           ,
           or
           plac'd
           any
           Power
           of
           discharging
           or
           exempting
           ,
           where
           it
           had
           not
           been
           before
           :
           Neither
           did
           that
           37
           Eliz.
           which
           that
           7
           C.
           1.
           transcribes
           as
           to
           this
           Matter
           .
        
         
           But
           notwithstanding
           the
           requisite
           Alterations
           made
           34
           Eliz.
           the
           Expensiveness
           of
           Shrievalties
           ,
           and
           Mens
           backwardness
           to
           hold
           ,
           occasioned
           the
           Provision
           ,
           7
           Car.
           1.
           which
           has
           given
           Ground
           ,
           tho
           no
           true
           Colour
           ,
           for
           the
           present
           Dispute
           .
        
         
           That
           Act
           repeals
           all
           former
           Acts
           of
           Common-Council
           :
           
           but
           does
           not
           pretend
           to
           repeal
           any
           Act
           of
           Common-Hall
           .
           So
           that
           all
           the
           Obligation
           which
           lay
           upon
           Citizens
           to
           be
           concluded
           by
           their
           own
           Consent
           ,
           publickly
           ,
           and
           solemnly
           declared
           ,
           24
           E.
           3.
           still
           remains
           unshaken
           .
        
         
           Nor
           does
           the
           Act
           ,
           7
           C.
           1.
           repeal
           former
           Acts
           of
           Common-Council
           ,
           as
           too
           severely
           keeping
           Men
           to
           their
           Duty
           :
           but
           ,
           [
           for
           that
           the
           same
           have
           not
           
             taken
             so
             good
             Effect
             as
             might
             be
             wished
             ;
             by
             reason
             that
             the
             Penalties
             and
             Forfeitures
             therein
             contained
             ,
             
               have
               been
               over-mil'd
            
             :
             and
             thereby
             his
             Majesty's
             Services
             have
             been
             in
             danger
             of
             Prejudice
             ;
             and
             the
             good
             Citizens
             of
             this
             City
             ,
             by
             reason
             of
             
               the
               often
               refusals
            
             of
             the
             said
             Office
             of
             Shrievalty
             ,
             have
             been
             
               much
               troubled
               and
               disquieted
            
             .
          
        
         
           The
           better
           to
           secure
           good
           Sheriffs
           ,
           it
           appoints
           the
           Day
           of
           Election
           to
           be
           the
           24
           th
           of
           June
           .
           
             And
             that
             no
             Freeman
             of
             the
             said
             City
             ,
             so
             
               to
               be
               chosen
               or
               elected
            
             as
             aforesaid
             ,
             shall
             be
             exempted
             from
             the
             execution
             of
             the
             said
             Office
             of
             Shrievalty
             ,
             by
             supposition
             ,
             or
             excuce
             of
             
               defect
               or
               insufficiency
               of
               Wealth
            
             ;
             [
             except
             ]
             he
             will
             voluntarily
             take
             his
             Corporal
             Oath
             ,
             before
             the
             Mayor
             ,
             and
             greater
             part
             of
             the
             Aldermen
             ,
             in
             open
             Court
             of
             Lord-Mayor
             ,
             and
             Aldermen
             for
             the
             Time
             being
             ;
             that
             he
             then
             is
             not
             of
             the
             Value
             of
             Ten
             thousand
             Pounds
             ,
             &c.
             
          
        
         
           Now
           considering
           how
           the
           former
           Provisions
           were
           ,
           this
           is
           as
           much
           as
           if
           it
           said
           ,
        
         
           Whereas
           according
           to
           former
           By-Laws
           ,
           no
           sufficient
           Person
           is
           to
           be
           discharged
           or
           exempted
           from
           holding
           Sheriff
           ;
           and
           what
           was
           Sufficiency
           then
           ,
           is
           not
           so
           now
           ;
           but
           the
           Penalties
           upon
           
             sufficient
             Persons
          
           were
           over-mil'd
           :
           therefore
           every
           
             sufficient
             Person
          
           chosen
           shall
           serve
           ,
           upoin
           pain
           of
           forfeiting
           the
           sum
           of
           600
           Marks
           ,
           if
           an
           Alderman
           ,
           and
           400
           l.
           if
           a
           Commoner
           :
           unless
           he
           can
           swear
           ,
           as
           is
           hereby
           required
           .
        
         
           Wherefore
           ,
           according
           to
           the
           plain
           scope
           and
           meaning
           of
           this
           Order
           ,
           and
           which
           ,
           indeed
           ,
           is
           expressed
           in
           that
           very
           Part
           which
           the
           Vindicator
           uses
           ,
           no
           Man
           is
           to
           be
           discharged
           ,
           or
           exempted
           ,
           but
           for
           insufficiency
           in
           Estate
           .
        
         
           But
           however
           that
           Order
           were
           ;
           it
           is
           evident
           ,
           that
           the
           Act
           of
           Common-Hall
           ,
           24
           E.
           3.
           is
           far
           from
           being
           antiquated
           or
           repealed
           :
           and
           is
           of
           force
           as
           to
           the
           Obligation
           ,
           which
           the
           Body
           of
           the
           City
           laid
           upon
           every
           individual
           Person
           of
           the
           City
           ,
           and
           upon
           all
           Inferiour
           Courts
           or
           Councils
           :
           and
           if
           the
           Penalty
           be
           duly
           taken
           away
           ,
           that
           will
           not
           weaken
           the
           Sanction
           of
           such
           a
           declaratory
           Law.
           
        
         
           And
           surely
           no
           Man
           can
           say
           ,
           that
           because
           of
           this
           Alteration
           ,
           the
           exempting
           or
           discharging
           a
           
             sufficient
             Person
          
           from
           being
           Sheriff
           ,
           will
           not
           be
           to
           the
           Prejudice
           of
           less
           sufficient
           Persons
           ,
           who
           shall
           be
           oblig'd
           to
           serve
           before
           their
           turn
           :
           or
           that
           it
           will
           not
           tend
           to
           the
           Desolation
           of
           the
           City
           ,
           and
           to
           the
           Hazard
           of
           its
           Franchises
           .
        
         
           As
           I
           take
           it
           ,
           all
           the
           Citizens
           are
           precluded
           by
           this
           Act
           from
           saying
           otherwise
           ,
           than
           themselves
           did
           so
           long
           since
           by
           their
           Predecessors
           ;
           and
           yet
           speak
           in
           this
           their
           standing
           Law.
           
        
         
           III.
           I
           come
           now
           to
           consider
           how
           the
           Custom
           has
           been
           :
           which
           ,
           
           by
           what
           has
           already
           appeared
           ,
           could
           not
           signify
           much
           ,
           if
           it
           were
           contrary
           to
           these
           By-Laws
           ;
           and
           yet
           ,
           as
           I
           shall
           shew
           ,
           that
           is
           quite
           otherwise
           than
           the
           Vindicator
           would
           seem
           to
           believe
           .
        
         
           In
           the
           *
           18
           
             th
             Edw.
          
           II.
           one
           
             John
             Causton
          
           had
           been
           chosen
           Sheriff
           at
           the
           usual
           time
           ,
           he
           not
           appearing
           ‖
           whether
           upon
           personal
           Notice
           by
           Order
           of
           the
           Common-Hall
           ,
           or
           upon
           a
           Proclamation
           ,
           is
           uncertain
           ;
           the
           Aldermen
           and
           Commons
           were
           summon'd
           to
           
           be
           at
           Guildhall
           the
           Michaelmas
           Day
           next
           following
           :
           On
           which
           Day
           Causton
           was
           *
           disfranchised
           ,
           and
           put
           out
           of
           his
           Aldermanship
           .
        
         
           And
           one
           
             Alan
             Gill
          
           was
           
             chosen
             Sheriff
          
           ,
           and
           sworn
           :
           Afterwards
           ,
           at
           the
           Hustings
           holden
           on
           Monday
           next
           after
           the
           Feast
           of
           Simon
           and
           
             Jude
             ,
             Causton
          
           came
           and
           put
           ‖
           himself
           upon
           the
           Mercy
           of
           the
           
             Mayor
             ,
             Aldermen
          
           [
           and
           Commonalty
           ]
           and
           begg'd
           to
           be
           restored
           to
           his
           former
           Estate
           ,
           proffering
           to
           take
           the
           Shrievalty
           upon
           him
           .
        
         
           The
           *
           
             Mayor
             ,
             Aldermen
          
           [
           and
           Commons
           ]
           having
           the
           same
           Day
           
             consulted
             together
          
           ;
           and
           
             Respect
             being
             had
          
           to
           the
           Impotency
           or
           Insufficiency
           of
           
             Gill
             ;
             Causton
          
           was
           admitted
           to
           his
           former
           State
           ,
           and
           sworn
           Sheriff
           :
           after
           which
           he
           was
           accepted
           ,
           and
           sworn
           at
           Westminster
           .
           Observe
           ,
        
         
           1.
           
           Here
           was
           a
           Disfranchisement
           by
           
             Common
             Hall
          
           ,
           before
           any
           Act
           of
           other
           
             Common
             Council
          
           was
           made
           in
           the
           Matter
           :
           and
           indeed
           ,
           as
           it
           will
           appear
           ,
           before
           there
           was
           any
           other
           Common
           Council
           ;
           or
           any
           Authority
           to
           make
           By-Laws
           given
           or
           confirmed
           to
           the
           City
           by
           any
           Charter
           .
        
         
           2.
           
           The
           
             Common
             Hall
          
           restores
           a
           Man
           who
           had
           been
           disfranchised
           .
        
         
           3.
           
           It
           discharges
           a
           Man
           who
           had
           been
           actually
           sworn
           Sheriff
           .
        
         
           
           To
           come
           to
           Times
           after
           the
           supposed
           Settlement
           of
           the
           present
           Common-Council
           ,
           and
           of
           the
           
             Livery
             Common-Hall
          
           .
           In
           the
           18
           
             th
             Hen.
          
           8.
           one
           
             Thomas
             Hinde
          
           was
           chosen
           Sheriff
           by
           the
           
             Common
             Hall
          
           :
           He
           not
           appearing
           ,
           his
           Default
           was
           recorded
           ;
           and
           the
           Mayor
           directed
           the
           Persons
           that
           were
           of
           the
           Common
           Council
           of
           the
           City
           ,
           
             to
             resort
             up
             to
             their
             Place
             accustomed
             ,
             there
             to
             hold
             a
             Common
             Council
          
           ;
           and
           that
           
             all
             others
             should
             abide
             within
             the
             Hall.
             
          
        
         
           In
           that
           Common
           Council
           the
           Ordinance
           above-mentioned
           24
           Edw.
           3.
           was
           read
           ,
           and
           agreed
           to
           be
           put
           in
           execution
           .
           Hynde
           not
           yet
           appearing
           ;
           it
           was
           shewn
           to
           the
           Commons
           by
           the
           Common
           Clerk
           ,
           in
           the
           Recorder's
           Absence
           ,
           that
           inasmuch
           as
           the
           City
           was
           destitute
           of
           a
           Sheriff
           ;
           and
           also
           in
           consideration
           ,
           that
           the
           Day
           of
           presenting
           the
           Sheriff
           at
           the
           Exchequer
           drew
           near
           ,
           they
           should
           immediately
           proceed
           to
           a
           new
           Election
           .
        
         
           
           Then
           the
           Commons
           chose
           
             Simon
             Rice
          
           on
           a
           Saturday
           .
           The
           Day
           for
           presenting
           the
           Sheriffs
           being
           the
           next
           Monday
           ,
           the
           Commons
           were
           appointed
           to
           meet
           on
           the
           Sunday
           .
           But
           Rice
           not
           being
           to
           be
           found
           ,
           such
           Persons
           as
           were
           of
           the
           Common-Council
           were
           again
           ordered
           
             to
             resort
             up
             to
             their
             Place
             accustomed
             to
             Council
          
           ;
           where
           it
           was
           ordered
           ,
           that
           every
           Citizen
           who
           had
           dep●●●ed
           out
           of
           the
           City
           since
           the
           Friday
           before
           ,
           should
           forfeit
           20
           l.
           
        
         
           
           Thereupon
           the
           Commons
           being
           ordered
           to
           proceed
           to
           another
           Election
           ,
           chose
           
             William
             Robins
          
           :
           who
           appearing
           before
           the
           
             Lord
             Mayor
             ,
             Aldermen
          
           ,
           and
           Commons
           ,
           swore
           ,
           [
           before
           them
           all
           ]
           that
           he
           was
           not
           worth
           1000
           Marks
           ;
           upon
           which
           Oath
           he
           was
           
             immediately
             clearly
             dismissed
          
           .
        
         
           The
           Commons
           being
           again
           commanded
           by
           the
           Mayor
           to
           proceed
           to
           a
           new
           Election
           ;
           
             the
             
               Mayor
               and
               Aldermen
               returned
               to
               the
               great
               Chamber
            
             ;
             in
             whose
             Absence
             the
             Commons
             chose
             Mr.
             
               William
               Lok
            
             :
             
             who
             making
             
               humble
               Supplication
            
             to
             the
             Mayor
             ,
             Aldermen
             [
             and
             Commons
             ]
             shewed
             them
             ,
             that
             considering
             his
             Youth
             and
             great
             Charges
             ,
             
               he
               was
               nothing
               apt
               nor
               liable
               to
               take
               the
               Office
               upon
               him
               :
            
             which
             
               Mayor
               ,
               Aldermen
            
             [
             and
             Commons
             ]
             having
             Pity
             and
             Compassion
             of
             the
             said
             Mr.
             
               William
               Lok
               ,
               upon
               his
               said
               Declaration
               ,
               clearly
               discharged
               him
               for
               that
               time
               ,
               without
               making
               of
               any
               Oath
               .
            
          
        
         
           
           The
           Commons
           being
           commanded
           to
           proceed
           to
           a
           new
           Election
           ,
           the
           Mayor
           and
           Aldermen
           withdrew
           as
           before
           ,
           and
           the
           Commons
           chose
           Mr.
           
             Nicholas
             Lamberd
          
           ,
           who
           was
           sworn
           Sheriff
           .
        
         
           At
           this
           time
           it
           is
           evident
           ,
           beyond
           Contradiction
           ,
           that
           though
           the
           
             Lord
             Mayor
          
           gave
           the
           Rule
           ,
           as
           Chief
           in
           the
           Common-Hall
           ;
           and
           he
           ,
           with
           the
           Common-Council
           in
           the
           Council-Chamber
           ,
           set
           the
           Penalty
           upon
           Absenters
           ;
           the
           Discharge
           of
           the
           Persons
           chosen
           was
           in
           the
           Common-Hall
           ,
           and
           the
           Act
           of
           the
           Common
           Hall.
           
        
         
           
           Within
           three
           Years
           after
           this
           the
           Authority
           of
           the
           Common-Hall
           in
           this
           Matter
           ,
           exclusive
           of
           all
           other
           Powers
           ,
           is
           asserted
           in
           a
           very
           remarkable
           Instance
           .
        
         
           They
           having
           chosen
           Sheriff
           one
           Mr.
           
             Ralph
             Rowlet
          
           ,
           an
           Officer
           in
           the
           Royal
           Mint
           ;
           the
           King
           wrote
           to
           the
           Mayor
           and
           Citizens
           ,
           shewing
           that
           Mr.
           Rowlet
           was
           
             occupied
             in
             the
             Charge
             of
             the
             Mint
             ;
             and
             therefore
             will'd
          
           them
           ,
           
             having
             Knowledg
             of
             his
             Privilege
             ,
             no
             farther
             to
             inquiet
             him
             ,
          
           but
           to
           proceed
           to
           a
           new
           Choice
           .
           
             
               Whereupon
               it
               was
               ordered
               ,
               decreed
               and
               determined
               ,
               by
               the
               Mayor
               ,
               Aldermen
               ,
               and
               Commons
               ,
               that
               the
               Persons
               there
               named
               should
               repair
               to
               the
               King
               in
               the
               Name
               of
               the
               Mayor
               ,
               Aldermen
               ,
               and
               Citizens
               ,
            
             in
             their
             most
             humble
             manner
             to
             beseech
             him
             ,
             that
             the
             Liberties
             ,
             Customs
             and
             Franchises
             of
             the
             City
             ,
             by
             his
             most
             noble
             Progenitors
             granted
             to
             the
             same
             ,
             and
             by
             his
             Highness
             ratified
             and
             confirmed
             ,
             may
             stand
             ,
             and
             be
             in
             their
             Strength
             and
             Virtue
             ,
             concerning
             the
             said
             
               Ralph
               Rowlet
            
             ;
             that
             he
             may
             take
             upon
             him
             the
             said
             room
             of
             Sheriffwick
             ,
             according
             to
             the
             Effect
             of
             the
             same
             .
          
        
         
           The
           Persons
           so
           deputed
           having
           attended
           the
           King
           ,
           returned
           with
           a
           second
           Letter
           ;
           directed
           ,
           
             to
             our
             trusty
             and
             right
             well
             beloved
             the
             Mayor
             of
             our
             City
             of
          
           London
           ;
           
             and
             our
             trusty
             and
             well
             beloved
             the
             Aldermen
             ,
             Citizens
             ,
             and
             Commons
             of
             the
             same
             .
          
        
         
         
           Wherein
           ,
           as
           he
           says
           ,
           
             Tendering
             the
             entire
             Conservation
             ,
             and
             Maintenance
             ,
             of
             the
             Liberties
             and
             Privileges
             of
             the
             City
          
           ;
           and
           seeing
           that
           his
           learned
           Councel
           were
           absent
           ;
           for
           which
           Cause
           he
           was
           in
           suspence
           and
           doubt
           ,
           whether
           his
           Letters
           Patent
           to
           Rowlet
           were
           of
           such
           Force
           ,
           that
           by
           Virtue
           of
           the
           same
           he
           ought
           to
           be
           discharged
           ;
           he
           desires
           them
           to
           proceed
           to
           the
           Election
           of
           some
           other
           Person
           ,
           [
           
             so
             to
             discharge
             ]
             the
             said
          
           Ralph
           Rowlet
           :
           
             Not
             in
             Contemplation
             of
             the
             said
             Letters
             Patent
             ,
             but
             of
             those
             Presents
             ,
             being
             only
             of
             request
             .
          
        
         
           
             Whereupon
             it
             was
             agreed
             ,
             by
             the
             said
             Mayor
             ,
             and
             Aldermen
             ,
             that
             a
             Common-Council
             should
             be
             warned
             against
             the
             Vigil
             of
             St.
             Michael
             the
             Arch-Angel
             ,
             concerning
             the
             same
             :
             
               And
               [
               to
               their
               Advyses
               ]
               in
               the
               Premises
               .
            
             The
             Common-Council
             meeting
             ,
             it
             was
             then
             and
             there
             agreed
             ,
             according
             to
             the
             Tenor
             ,
             and
             Effect
             ,
             of
             the
             said
             Letter
             .
          
        
         
           It
           must
           be
           own'd
           ,
           That
           in
           the
           Entries
           of
           the
           Common-Council
           there
           are
           these
           words
           ;
           
             It
             is
             agreed
             ,
             
             That
             the
             said
             
               Ralph
               Rowlet
               shall
               be
               discharged
            
             of
             the
             said
             Office
             for
             this
             time
             only
             :
          
           And
           that
           thereupon
           the
           Commons
           proceed
           to
           a
           new
           Election
           .
        
         
           Where
           they
           do
           not
           pretend
           actually
           to
           discharge
           him
           ,
           but
           agree
           that
           he
           shall
           be
           discharged
           :
           Which
           shews
           ,
           that
           the
           Discharge
           was
           to
           be
           in
           the
           Place
           where
           another
           was
           to
           be
           chosen
           :
           And
           they
           only
           advised
           this
           ,
           or
           recommended
           it
           ,
           to
           the
           Common-Hall
           .
           That
           this
           was
           only
           by
           way
           of
           Advice
           appears
           farther
           ;
           not
           only
           by
           the
           declared
           End
           for
           which
           they
           were
           summon'd
           ;
           but
           by
           what
           follows
           the
           former
           part
           of
           the
           Journal
           ;
           which
           ,
           after
           mentioning
           what
           was
           done
           in
           Common-Council
           ,
           has
           these
           words
           ;
           
             And
             then
             immediately
             ,
             
               the
               said
               Letter
               was
            
             openly
             read
             in
             the
             Guild-Hall
             aforesaid
             ,
             [
             to
             all
             the
             Commons
             in
             their
             Liveries
             ,
             then
             and
             there
             assembled
             .
             ]
             And
             in
             like
             manner
             were
             agreed
             ,
             in
             manner
             and
             form
             as
             the
             said
             Common-Council
             had
             agreed
             and
             granted
             .
             And
             thereupon
             ,
             
               the
               said
            
             Mayor
             ,
             Aldermen
             ,
             and
             Commons
             ,
             by
             one
             Assent
             ,
             and
             Consent
             ,
             proceeded
             to
             the
             Election
             of
             a
             new
             Sheriff
             ,
             in
             the
             stead
             and
             place
             of
             the
             said
             Mr.
             Rowlet
             .
          
           Here
           't
           is
           observable
           ,
        
         
           1.
           
           That
           it
           was
           held
           and
           declared
           ,
           whether
           by
           the
           Common-Hall
           ,
           or
           
             ordinary
             Common-Council
          
           ,
           it
           matters
           not
           ;
           That
           the
           
           King's
           Prerogative
           to
           require
           the
           Service
           of
           his
           Subjects
           ,
           could
           not
           defeat
           the
           Right
           of
           the
           City
           ,
           to
           employ
           its
           Citizens
           :
           Tho'
           the
           King
           had
           exercised
           his
           Prerogative
           ,
           before
           the
           City
           had
           applied
           that
           Right
           to
           the
           particular
           Person
           .
        
         
           2.
           
           That
           the
           King
           did
           not
           think
           it
           in
           the
           Power
           of
           the
           Mayor
           ,
           and
           Aldermen
           ,
           or
           any
           other
           Body
           of
           Men
           ,
           without
           the
           Commons
           ,
           to
           discharge
           the
           Person
           chosen
           .
        
         
           3.
           
           That
           he
           suppos'd
           the
           Choice
           of
           another
           Person
           ,
           to
           amount
           to
           the
           Discharge
           of
           the
           first
           .
        
         
           4.
           
           That
           tho'
           the
           Common-Council
           among
           themselves
           agree
           ,
           that
           the
           Person
           shall
           be
           discharged
           ;
           they
           did
           not
           insist
           upon
           this
           Order
           or
           Vote
           ,
           as
           conclusive
           to
           the
           Common-Hall
           .
           But
           caus'd
           the
           
           King's
           Letter
           to
           be
           read
           in
           Common-Hall
           .
           Where
           all
           agreed
           
             in
             manner
             and
             form
             as
             the
             Common-Council
          
           had
           done
           before
           :
           That
           is
           ,
           they
           agreed
           to
           discharge
           the
           Party
           .
           So
           that
           the
           Agreement
           of
           the
           Common-Council
           was
           but
           matter
           of
           Advice
           ,
           or
           a
           probationary
           Order
           ;
           which
           wanted
           the
           Placet
           ,
           or
           Fiat
           ,
           of
           the
           Commons
           .
        
         
           The
           next
           Case
           which
           I
           find
           to
           this
           Point
           ,
           is
           that
           of
           Richmond
           ,
           33
           H.
           VIII
           .
           
           In
           which
           ,
           as
           I
           am
           informed
           ,
           the
           Asserters
           of
           the
           Authority
           of
           the
           Common-Council
           much
           triumph
           :
           And
           yet
           it
           will
           prove
           to
           have
           been
           the
           Effect
           of
           a
           strong
           Prepossession
           ;
           or
           of
           not
           attending
           to
           those
           governing
           Passages
           and
           Expressions
           ,
           which
           will
           fully
           explain
           what
           may
           seem
           doubtful
           in
           this
           ,
           or
           other
           Entries
           of
           the
           like
           kind
           .
        
         
           Richmond
           having
           been
           chosen
           by
           the
           Common-Hall
           ,
           and
           his
           Election
           certified
           to
           the
           Mayor
           ,
           and
           Aldermen
           ,
           in
           the
           
             utter
             Chamber
             of
          
           Guild-Hall
           ;
           the
           Mayor
           ,
           and
           Aldermen
           ,
           are
           there
           said
           lovingly
           to
           have
           
             confirmed
             and
             allowed
          
           the
           same
           .
        
         
           After
           this
           ,
           the
           Lord-Mayor
           ,
           and
           his
           
             Brethren
             the
             Aldermen
             ,
             returning
             [
             into
             the
             Hall
          
           ]
           
             Richmond
             came
             up
             unto
             the
             Lord-Mayor
             ,
             and
             his
             Brethren
             the
             Aldermen
             ,
             
             and
             [
             then
             ]
             and
             [
             there
             ]
             made
             right
             humble
             and
             hearty
             Suit
             ,
             Petition
             ,
             and
             Request
             ,
             both
             [
             unto
             them
             ]
             and
             [
             
               unto
               the
               whole
               Commons
               there
               present
            
             ]
          
           That
           ,
           forasmuch
           as
           he
           had
           not
           sufficient
           Estate
           ,
           
             It
             might
             please
             [
             them
             all
             ]
             to
             be
             so
             good
             Lord
             and
             Maisters
             unto
             him
             ,
             and
             to
             discharge
             him
             thereof
             again
             .
          
        
         
           Notwithstanding
           his
           Allegations
           and
           Reasons
           for
           his
           Excuse
           and
           Discharge
           ,
           because
           
             it
             seemed
             [
             unto
             them
             ]
             that
             he
             was
             a
             Man
             very
             meet
             and
             hable
             for
             the
             same
             ,
             his
             said
             Petition
             and
             Request
             would
             not
             ,
             nor
             
               was
               not
               granted
               unto
               him
            
             .
          
        
         
           He
           proffer'd
           his
           Oath
           ,
           that
           he
           was
           not
           worth
           1000
           Marks
           :
           But
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           
             Council
             of
             the
             City
          
           answer'd
           ,
           That
           such
           Oath
           was
           not
           sufficient
           without
           Six
           Vouchers
           ,
           according
           to
           the
           late
           
             Act
             of
             Common-Council
          
           .
        
         
         
           However
           ,
           he
           swore
           to
           his
           Insufficiency
           ,
           before
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           [
           Commons
           ;
           ]
           
             Whereupon
             ,
             forasmuch
             as
             his
             own
             Othe
             did
             not
             discharge
             him
             ,
             according
             to
             the
             Laws
             and
             Usages
             of
             the
             said
             City
             ,
             of
             and
             from
             the
             said
             Office
             ;
             but
             that
             he
             stood
             still
             ,
             and
             remained
             chargeable
             to
             the
             same
             ,
             and
             expresly
             refused
             ,
             and
             denied
             there
             openly
             to
             take
             it
             upon
             him
             ,
             and
             to
             meddle
             withal
             ;
             he
             was
             sent
             to
             Ward
             for
             his
             Disobedience
             ,
             and
             
               Obstinacy
               ,
               by
               the
               whole
               Court
            
             [
             and
             Consent
             of
             the
             Commons
             ]
             there
             assembled
             .
          
        
         
           After
           this
           ,
           he
           was
           several
           times
           brought
           in
           Custody
           before
           the
           Mayor
           ,
           and
           Aldermen
           ,
           and
           as
           often
           remanded
           ;
           till
           at
           last
           he
           agreed
           to
           pay
           200
           l.
           to
           the
           use
           of
           the
           City
           ,
           for
           
             his
             Discharge
          
           ;
           and
           gave
           Bond
           for
           the
           Money
           .
        
         
           Thereupon
           he
           was
           discharged
           from
           his
           Imprisonment
           .
        
         
           Then
           
             the
             
               Mayor
               ,
               Aldermen
               ,
               Common-Council
            
             ,
             and
             [
             other
             
               the
               Commoners
               assembled
            
             at
             Guild-Hall
             ,
             for
             the
             Discharging
             of
             the
             said
             Richmond
             ]
             of
             and
             from
             the
             said
             Office
             ,
             and
             for
             the
             Election
             of
             another
             .
          
        
         
           
             Whereupon
             ,
             great
             part
             of
             the
             Premises
             ,
             and
             the
             Circumstances
             of
             the
             same
             ,
             by
             Mr.
             Recorder
             ,
             first
             to
             the
             Common-Council
             ,
             and
             afterwards
             [
             to
             the
             Commons
             aforesaid
             ]
             [
             then
             ]
             and
             [
             there
             ]
             being
             
               substantially
               ,
               discreetly
            
             ,
             and
             prudently
             ,
             published
             and
             declared
             [
             at
             length
             ]
             the
             same
             Mr.
             Richmond
             was
             [
             then
             ]
             and
             [
             there
             ]
             by
             the
             said
             
               Mayor
               ,
               Aldermen
            
             ,
             and
             [
             
               Common-Counsail
               there
               holden
            
             ]
             clearly
             discharged
             for
             that
             time
             only
             ,
             of
             and
             from
             the
             said
             Office
             ,
             
               for
               his
               said
               Fine
            
             .
          
        
         
           Here
           they
           will
           take
           no
           notice
           of
           what
           was
           transacted
           in
           the
           first
           Common-Hall
           ;
           where
           Richmond
           petition'd
           [
           the
           whole
           Commons
           ]
           as
           well
           as
           the
           Mayor
           ,
           and
           Aldermen
           ,
           for
           a
           Discharge
           ,
           which
           he
           could
           not
           then
           obtain
           ;
           and
           further
           ,
           the
           Commons
           agreed
           ,
           That
           he
           should
           be
           committed
           to
           Prison
           :
           Wherein
           they
           ,
           with
           the
           Mayor
           and
           Aldermen
           ,
           acted
           as
           a
           Court
           of
           Justice
           ,
           and
           Common-Council
           .
        
         
           If
           the
           Council
           of
           the
           City
           ,
           which
           urg'd
           an
           Act
           of
           Common-Council
           ,
           were
           the
           Common-Council
           it self
           ;
           then
           it
           is
           evident
           ,
           that
           they
           acted
           there
           but
           as
           of
           Counsel
           or
           Advice
           to
           the
           Common-Hall
           ;
           in
           which
           that
           Entry
           places
           the
           Authority
           of
           Discharging
           .
        
         
           If
           they
           were
           the
           Cities
           Counsel
           
             at
             Law
          
           who
           mention'd
           this
           ;
           then
           the
           Common-Council
           had
           no
           share
           in
           any
           part
           of
           that
           Transaction
           ,
           otherwise
           than
           as
           part
           of
           the
           Common-Council
           in
           Common-Hall
           assembled
           ,
           who
           consented
           to
           the
           committing
           Richmond
           .
        
         
           Still
           some
           will
           hang
           upon
           that
           part
           of
           the
           Entry
           concerning
           the
           Second
           Common-Hall
           ,
           where
           Richmond
           is
           said
           to
           be
           discharged
           by
           the
           said
           Common-Counsail
           
             there
             holden
          
           .
        
         
           When
           it
           manifestly
           was
           the
           very
           same
           Body
           of
           Men
           ,
           to
           whom
           he
           petitioned
           for
           a
           Discharge
           ,
           which
           he
           could
           not
           then
           obtain
           ;
           and
           by
           whose
           Consent
           he
           was
           committed
           to
           Prison
           for
           his
           Disobedience
           and
           Obstinacy
           .
        
         
           To
           give
           colour
           to
           their
           Sense
           ,
           they
           must
           have
           it
           ,
           that
           tho'
           Richmond
           sued
           to
           the
           Mayor
           ,
           Aldermen
           ,
           Common-Council
           ,
           and
           Common
           ;
           who
           would
           not
           then
           discharge
           him
           ;
           and
           tho'
           ,
           after
           he
           had
           fined
           all
           met
           to
           discharge
           him
           ,
           and
           chuse
           another
           ;
           yet
           the
           Commons
           met
           only
           to
           chuse
           another
           ;
           and
           the
           Mayor
           ,
           Aldermen
           ,
           and
           Common-Council
           ,
           to
           discharge
           him
           .
        
         
           And
           tho'
           the
           Discharge
           is
           plainly
           shewn
           to
           have
           been
           in
           Common-Hall
           ,
           where
           the
           Common-Council
           cannot
           pretend
           to
           act
           as
           a
           Council
           ,
           with
           Authority
           ;
           and
           that
           [
           at
           length
           ]
           after
           the
           Commons
           ,
           as
           well
           as
           the
           Common-Council
           ,
           had
           been
           applied
           to
           by
           the
           Recorder
           ;
           yet
           they
           must
           fansie
           ,
           that
           the
           Common-Council
           withdrew
           out
           of
           the
           Common-Hall
           ,
           and
           went
           up
           to
           the
           Council-Chamber
           ,
           to
           make
           a
           particular
           Order
           for
           his
           Discharge
           .
           Of
           which
           there
           is
           not
           the
           least
           mention
           or
           intimation
           ,
           in
           relation
           to
           that
           Second
           Common-Hall
           .
        
         
           But
           ,
           as
           this
           is
           meer
           Imagination
           ,
           not
           only
           without
           ground
           ,
           but
           directly
           contrary
           to
           the
           careful
           and
           solemn
           entry
           of
           the
           Proceedings
           ,
           from
           the
           beginning
           to
           the
           end
           ;
           it
           is
           evident
           ,
           That
           the
           Common-Council
           was
           but
           part
           of
           the
           Common-Counsail
           ,
           there
           holden
           ,
           consisting
           of
           Mayor
           ,
           Aldermen
           ,
           Common-Council
           ,
           and
           other
           Commoners
           .
        
         
           
           Farther
           yet
           ,
           if
           it
           should
           appear
           by
           other
           Evidences
           ,
           as
           I
           make
           no
           doubt
           but
           it
           will
           ,
           That
           the
           Commons
           of
           the
           City
           ,
           with
           their
           Officers
           ,
           and
           Council
           ,
           assembled
           in
           their
           Common-Hall
           ,
           or
           other
           Folk-mote
           ,
           in
           their
           own
           Persons
           ,
           or
           by
           Representation
           ;
           have
           ,
           from
           long
           before
           the
           
             reputed
             Conquest
          
           to
           this
           Day
           ,
           been
           and
           continued
           the
           Common-Council
           of
           the
           City
           ;
           and
           that
           the
           Common-Hall
           ,
           wherein
           Richmond
           was
           discharged
           from
           serving
           Sheriff
           ,
           was
           a
           true
           Representative
           of
           all
           the
           Commons
           ;
           it
           will
           be
           certain
           that
           all
           together
           were
           properly
           called
           a
           Common-Counsail
           .
        
         
           And
           if
           the
           Common-Hall
           ,
           as
           now
           compos'd
           ,
           be
           the
           same
           with
           that
           which
           discharg'd
           Richmond
           ;
           it
           will
           also
           follow
           ,
           That
           the
           Right
           of
           Discharging
           belongs
           to
           this
           
           Common-Hall
           :
           And
           that
           it
           is
           the
           true
           Common-Counsail
           ,
           or
           rather
           Council
           ,
           of
           the
           City
           .
        
         
           Take
           all
           the
           Precedents
           together
           ,
           as
           they
           strengthen
           and
           give
           Light
           to
           one
           another
           ;
           and
           ,
           I
           think
           ,
           there
           can
           be
           no
           question
           ,
           but
           they
           will
           so
           explain
           and
           govern
           following
           Orders
           of
           Common-Council
           ,
           that
           not
           one
           of
           them
           shall
           be
           taken
           as
           a
           Precedent
           to
           the
           Contrary
           :
           Unless
           it
           can
           be
           shewn
           ,
           that
           the
           Person
           discharged
           by
           the
           Common-council
           ,
           has
           been
           look'd
           upon
           in
           Law
           as
           duly
           discharged
           ;
           before
           the
           Commons
           have
           allowed
           of
           the
           Discharge
           ,
           by
           proceeding
           to
           a
           new
           Choice
           ;
           and
           even
           tho'
           they
           absolutely
           refus'd
           to
           chuse
           again
           .
        
         
           However
           ,
           lest
           it
           should
           be
           thought
           ,
           
           that
           all
           the
           Entries
           since
           the
           Reign
           of
           H.
           VIII
           .
           to
           7
           Car.
           I.
           (
           when
           the
           Order
           was
           made
           on
           which
           the
           Vindicator
           lays
           his
           chief
           stress
           )
           are
           on
           the
           Side
           of
           the
           Common-Council
           ;
           I
           shall
           give
           the
           Words
           of
           the
           Journal
           of
           the
           Common-Hall
           ,
           1
           Eliz.
           which
           may
           govern
           all
           the
           Entries
           to
           7
           Car.
           I.
           
        
         
           
             
               
                 
                   Common
                   Hall.
                   
                
                 
                   
                     
                       In
                       Congregatione
                       Majoris
                       ,
                       Aldror
                       '
                       &
                       Communitatis
                       ,
                       Civitatis
                    
                     Lond
                     '
                     apud
                     Cuihalde
                     ,
                     
                       xxi
                       Die
                       Sept
                       '
                       
                         Anno
                         Reg
                         '
                         dnae
                      
                       Eliz.
                       
                         Dei
                         Grat
                         '
                         Ang
                         '
                         Franciae
                         &
                         Hiberniae
                         Reg
                         '
                         Fidei
                         Defensor
                         '
                         &c.
                         primo
                         .
                      
                    
                  
                
                 
                   Forasmuch
                   ,
                   as
                   Mr.
                   
                     Walter
                     Jobson
                  
                   ,
                   Citizen
                   and
                   Cloth-worker
                   of
                   the
                   said
                   City
                   of
                   London
                   ,
                   who
                   was
                   lawfully
                   elect
                   and
                   chosen
                   the
                   11th
                   Day
                   of
                   August
                   last
                   past
                   ,
                   by
                   the
                   Commons
                   of
                   this
                   City
                   ,
                   one
                   of
                   the
                   Sheriffs
                   of
                   the
                   same
                   City
                   ,
                   and
                   of
                   the
                   County
                   of
                   Middlesex
                   ,
                   for
                   the
                   Year
                   next
                   ensuing
                   after
                   the
                   Feast
                   of
                   St.
                   Michael
                   the
                   Arch-Angel
                   now
                   next
                   ensuing
                   ;
                   hath
                   since
                   that
                   time
                   signified
                   and
                   given
                   
                     sufficient
                     knowledge
                  
                   unto
                   my
                   said
                   Lord-Mayor
                   ,
                   and
                   Aldermen
                   ;
                   that
                   he
                   ,
                   by
                   reason
                   of
                   Sickness
                   and
                   debility
                   of
                   Body
                   ,
                   wherewith
                   he
                   a
                   long
                   time
                   hath
                   been
                   and
                   yet
                   is
                   fore
                   vexed
                   ,
                   detain'd
                   ,
                   and
                   troubled
                   ;
                   as
                   he
                   saith
                   ,
                   is
                   not
                   in
                   any
                   wise
                   able
                   ,
                   to
                   take
                   upon
                   him
                   the
                   exercice
                   and
                   execution
                   of
                   the
                   same
                   Office
                   accordingly
                   .
                
                 
                   
                     In
                     consideration
                     whereof
                     [
                     the
                     said
                  
                   Commons
                   ]
                   have
                   this
                   Day
                   eftsoons
                   assembled
                   for
                   the
                   Election
                   of
                   one
                   other
                   able
                   and
                   sufficient
                   Person
                   ,
                   to
                   bear
                   and
                   exercise
                   the
                   said
                   Room
                   and
                   Office
                   of
                   Shrievalty
                   for
                   the
                   said
                   time
                   ,
                   in
                   the
                   stead
                   a●d
                   place
                   of
                   the
                   said
                   Mr.
                   
                     Jobson
                     ;
                     did
                     this
                     Day
                     elect
                     and
                     chuse
                  
                   Mr.
                   
                     Roger
                     Martin
                  
                   ,
                   Alderman
                   ,
                   one
                   of
                   the
                   Sheriffs
                   of
                   the
                   said
                   City
                   and
                   County
                   of
                   Middlesex
                   ,
                   to
                   have
                   ,
                   occupy
                   and
                   exercise
                   the
                   said
                   Office
                   of
                   Shrievalty
                   ,
                   from
                   the
                   Feast
                   of
                   St.
                   Michael
                   the
                   Arch-Angel
                   now
                   next
                   coming
                   ,
                   unto
                   the
                   Feast
                   of
                   St.
                   Michael
                   the
                   Arch-Angel
                   then
                   next
                   ensuing
                   ,
                   
                     acc●rding
                     to
                     the
                     ancient
                     custom
                     of
                     this
                  
                   City
                   
                     in
                     that
                     behalf
                  
                   .
                
              
            
          
        
         
           Here
           observe
           ;
        
         
           1.
           
           That
           in
           the
           First
           of
           Eliz.
           the
           Common-Hall
           was
           a
           Court
           which
           kept
           the
           Journals
           of
           its
           Proceedings
           .
        
         
           2.
           
           That
           the
           Matter
           of
           which
           the
           Mayor
           and
           Aldermen
           had
           taken
           Cognizance
           ,
           was
           not
           within
           any
           By-Law
           :
           So
           that
           they
           could
           not
           pretend
           to
           any
           Authority
           to
           discharge
           .
           Nor
           is
           it
           said
           that
           the
           Party
           was
           discharged
           ,
           tho'
           they
           were
           satisfied
           that
           he
           was
           not
           able
           to
           hold
           .
           Wherefore
           this
           Matter
           represented
           to
           the
           Common-Hall
           ,
           could
           be
           no
           more
           than
           as
           the
           Opinion
           ,
           and
           Advice
           ,
           of
           the
           Mayor
           and
           Aldermen
           .
        
         
           3.
           
           Accordingly
           ,
           the
           Common-Hall
           takes
           the
           Matter
           into
           consideration
           :
           For
           they
           ,
           being
           assembled
           for
           the
           Election
           of
           another
           ,
           did
           elect
           ,
           in
           consideration
           of
           the
           Matter
           represented
           to
           them
           in
           Common-Hall
           .
        
         
           4.
           
           To
           put
           this
           Matter
           beyond
           Controversie
           ,
           it
           is
           observable
           ,
           That
           no
           Common-Council
           was
           held
           upon
           this
           Occasion
           ;
           and
           there
           is
           no
           colour
           of
           Authority
           ,
           or
           ancient
           Usage
           pretended
           ,
           for
           the
           Mayor
           and
           Aldermen
           to
           discharge
           without
           the
           Consent
           of
           the
           Common-Council
           .
           Therefore
           Mr.
           Jobson
           must
           have
           been
           discharged
           by
           the
           Common-Hall
           ,
           or
           otherwise
           he
           continued
           Sheriff
           ;
           which
           ,
           't
           is
           certain
           he
           did
           not
           .
        
         
           5.
           
           No
           other
           discharge
           of
           the
           Party
           is
           mentioned
           ,
           or
           implied
           ,
           than
           the
           Common-Hall's
           proceeding
           to
           a
           new
           Choice
           .
        
         
           And
           if
           in
           any
           following
           Instances
           they
           have
           proceeded
           to
           new
           Elections
           ,
           upon
           such
           Inducements
           as
           they
           had
           at
           the
           respective
           times
           ,
           whether
           upon
           taking
           Fines
           ,
           or
           otherwise
           ,
           the
           Entries
           of
           Clerks
           can
           be
           no
           Prejudice
           to
           their
           Right
           so
           manifest
           upon
           many
           Entries
           in
           the
           
             Common-Hall
             Journals
          
           .
        
         
           According
           to
           what
           is
           said
           in
           
           Slade's
           *
           Case
           ,
           The
           Returns
           of
           Sheriffs
           ,
           or
           Entries
           of
           Clerks
           ,
           without
           
             challenge
             of
             the
             Party
          
           ,
           or
           
             consideration
             of
             the
             Court
          
           ,
           being
           contrary
           to
           
             common
             Law
          
           ,
           and
           Reason
           ,
           are
           not
           allowable
           .
        
         
         
           And
           therefore
           ,
           whatever
           may
           have
           been
           entred
           in
           the
           Books
           of
           the
           Common-Council
           ,
           it
           shall
           not
           be
           suppos'd
           that
           the
           Common-Hall
           ever
           admitted
           any
           Man
           to
           have
           been
           discharg'd
           ,
           till
           they
           had
           actually
           consented
           to
           it
           ;
           or
           did
           it
           virtually
           ,
           in
           chusing
           another
           in
           his
           stead
           .
        
         
           And
           the
           same
           may
           be
           applied
           to
           Exemptions
           ,
           of
           which
           I
           will
           admit
           there
           are
           some
           Instances
           to
           be
           found
           in
           the
           Books
           of
           the
           Common-Council
           .
        
         
           
           4
           th
           .
           That
           no
           Man
           was
           ever
           duly
           discharged
           or
           exempted
           ,
           till
           there
           was
           the
           Consent
           of
           the
           Common-Hall
           ,
           may
           sufficiently
           appear
           by
           what
           I
           have
           shewn
           of
           the
           By-Laws
           and
           Custom
           in
           this
           Matter
           .
        
         
           And
           yet
           if
           both
           favour'd
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           ,
           I
           shall
           make
           it
           evident
           ,
           that
           they
           would
           be
           void
           in
           Law.
           
        
         
           To
           which
           purpose
           I
           shall
           shew
           ,
        
         
           1.
           
           That
           the
           exempting
           a
           Person
           from
           being
           chosen
           Sheriff
           within
           the
           City
           of
           London
           ,
           and
           the
           discharging
           or
           amoving
           one
           chosen
           ,
           is
           contrary
           to
           the
           
           common-Law
           Right
           of
           the
           Electors
           .
        
         
           2.
           
           That
           it
           is
           contrary
           to
           their
           Charters
           ,
           confirm'd
           by
           Parliaments
           .
        
         
           3.
           
           That
           
             Magna
             Charta
          
           ,
           and
           other
           Acts
           of
           Parliament
           ,
           declaratory
           of
           the
           Common-Law
           ,
           have
           so
           vested
           the
           exemption
           and
           discharge
           in
           the
           Electors
           ;
           that
           if
           their
           free
           Consent
           out
           of
           Parliament
           might
           divest
           them
           of
           it
           ;
           for
           certain
           nothing
           less
           can
           .
        
         
           4.
           
           That
           they
           have
           never
           parted
           with
           ,
           or
           quitted
           it
           :
           Yet
           if
           they
           had
           ,
           are
           restor'd
           to
           their
           Right
           by
           his
           present
           Majesty's
           gracious
           Act
           of
           Restitution
           .
        
         
           
           A
           Canon
           of
           Waltham
           having
           ,
           in
           the
           Reign
           of
           H.
           6.
           been
           arrested
           by
           a
           Serjeant
           of
           the
           City
           ,
           in
           the
           Close
           of
           St.
           
             Martin
             le
             Grand
          
           ;
           the
           Legality
           of
           it
           coming
           in
           question
           ,
           because
           of
           the
           pretended
           Privilege
           of
           that
           Place
           ,
           granted
           by
           W.
           1.
           there
           called
           Conqueror
           .
        
         
           
             The
             Mayor
             ,
             and
             Citizens
             justify
             ,
             and
             say
             ,
             All
             the
             Close
             is
             and
             ought
             to
             be
             ,
             and
             of
             
               all
               time
               beyond
               memory
               of
               Man
            
             was
             ,
             of
             and
             in
             the
             Liberty
             and
             Jurisdiction
             of
             the
             said
             City
             :
             For
             the
             verifying
             which
             they
             say
             and
             shew
             ,
             divers
             Reasons
             and
             Evidences
             .
             First
             ,
             they
             say
             ,
             That
             the
             said
             City
             is
             ,
             and
             beyond
             memory
             of
             Man
             was
             ,
             the
             Capital
             City
             of
             the
             whole
             Kingdom
             of
             England
             ,
             before
             the
             rest
             of
             the
             Cities
             and
             Towns
             of
             the
             same
             ,
             adorn'd
             as
             well
             with
             Honours
             ,
             as
             Liberties
             ;
             and
             very
             many
             free
             Customs
             of
             divers
             Kinds
             :
             For
             it
             was
             founded
             
               of
               Old
            
             by
             the
             famous
             Progenitors
             of
             our
             Lord
             the
             King
             that
             now
             is
             ,
             
               after
               the
               likeness
               ,
               and
               manner
               ,
               and
               in
               memory
               of
               Antient
            
             Troy
             
               the
               Great
            
             :
             and
             from
             hence
             was
             long
             called
             Trinovant
             .
             Which
             City
             ,
             in
             the
             time
             of
             
               St.
               Edward
               ,
               King
            
             and
             Confessor
             ,
             and
             [
             of
             
               all
               time
               before
            
             ]
             was
             of
             it self
             ,
             and
             
               in
               it self
               [
               one
               sole
               and
               entire
               County
            
             ]
             ,
             and
             one
             sole
             and
             entire
             Jurisdiction
             and
             Liberty
             ,
             [
             
               held
               at
               Farm
               by
               the
               said
               Citizens
            
             and
             
               their
               Predecessors
            
             ]
             of
             the
             said
             King
             and
             his
             Predecessors
             .
             And
             the
             same
             Citizens
             then
             ,
             and
             
               from
               all
               the
               time
               aforesaid
            
             ,
             by
             reason
             of
             their
             said
             Jurisdiction
             and
             Liberty
             ,
             have
             among
             other
             ,
             such
             Liberties
             and
             free
             Customs
             :
             to
             wit
             ,
             
               to
               chuse
               and
               make
               of
               themselves
               ,
            
             every
             Year
             ,
             certain
             principal
             Officers
             in
             the
             said
             ●●●y
             ,
             who
             may
             faithfully
             answer
             the
             King
             of
             the
             said
             Farm
             ,
             and
             immediately
             under
             
               him
               ,
               the
               People
               of
               the
               said
               City
               ,
            
             and
             others
             resorting
             to
             the
             same
             ,
             in
             Peace
             and
             Justice
             according
             to
             its
             
               antient
               Laws
               and
               Customs
            
             ,
             to
             rule
             .
             And
             also
             they
             could
             ,
             ought
             ,
             and
             
               for
               all
               the
               times
               aforesaid
               ,
               us'd
            
             to
             make
             other
             
               Ministers
               under
               them
            
             ,
             in
             aid
             of
             the
             sustaining
             and
             〈◊〉
             ●●ising
             the
             Premisses
             :
             So
             that
             all
             the
             said
             time
             ,
             no
             Summons
             ,
             Attachment
             ,
             Distress
             ,
             or
             Execution
             ,
             ought
             ,
             or
             us'd
             to
             be
             made
             ,
             in
             the
             Place
             where
             the
             said
             Close
             now
             is
             ,
             nor
             elsewhere
             in
             any
             Part
             of
             the
             City
             ;
             unless
             by
             the
             Officers
             and
             Ministers
             aforesaid
             ,
             except
             on
             their
             failure
             .
          
        
         
           
             And
             they
             say
             ,
             That
             the
             said
             Lord
             William
             
               the
               Conqueror
            
             ,
             before
             the
             Foundation
             of
             the
             Church
             aforesaid
             ,
             and
             the
             making
             the
             said
             Charter
             ,
             of
             which
             before
             was
             mention
             ,
             
               by
               the
               Authority
               of
               his
               Parliament
            
             ;
             and
             by
             two
             Charters
             which
             the
             said
             Mayor
             and
             City
             here
             proffer
             :
             to
             wit
             ,
             by
             one
             of
             them
             demised
             to
             the
             Citizens
             of
             London
             ,
             the
             whole
             said
             City
             and
             County
             ,
             with
             all
             its
             Appendences
             ,
             Things
             ,
             and
             Customs
             ,
             to
             them
             in
             any
             manner
             appertaining
             .
          
        
         
           
             And
             by
             the
             other
             he
             granted
             ,
             and
             by
             the
             Authority
             aforesaid
             confirm'd
             ,
             to
             the
             same
             Citizens
             ,
             and
             their
             Successors
             ,
             that
             they
             should
             have
             the
             said
             ,
             and
             all
             other
             their
             Liberties
             and
             Free
             Customs
             unhurt
             ,
             which
             they
             had
             in
             the
             time
             of
             the
             said
             holy
             King
             Edward
             his
             Progenitor
             :
             and
             that
             they
             should
             peaceably
             use
             and
             enjoy
             them
             ,
             &c.
             
          
        
         
           And
           ,
           speaking
           of
           other
           Kings
           ,
           his
           Successors
           ,
        
         
           
             Which
             Kings
             severally
             ,
             some
             by
             their
             Charters
             ,
             and
             some
             by
             their
             Charters
             and
             the
             Authority
             of
             divers
             their
             Parliaments
             ,
             granted
             and
             confirmed
             ,
             
               to
               the
               said
               Citizens
            
             and
             their
             Successors
             ,
             all
             the
             said
             City
             and
             County
             ,
             with
             all
             the
             Rights
             ,
             
             Jurisdictions
             ,
             Liberties
             ,
             and
             Free
             Customs
             before-mentioned
             ,
             with
             their
             Appurtenances
             whatsoever
             [
             
               in
               Fee
               Farm
            
             ]
             .
          
        
         
           Indeed
           ,
           I
           find
           no
           Judgment
           upon
           this
           ,
           but
           it
           seems
           the
           Plea
           quieted
           the
           Dispute
           .
           That
           the
           Plea
           was
           rightly
           founded
           ,
           may
           appear
           from
           two
           considerable
           Authorities
           ,
           not
           to
           name
           more
           .
        
         
           1.
           
           The
           *
           Confessor's
           Law
           (
           received
           and
           sworn
           to
           by
           Wil.
           1.
           more
           than
           once
           )
           out
           of
           which
           the
           Passage
           concerning
           the
           Antiquity
           of
           the
           City
           ,
           and
           its
           being
           founded
           in
           Imitation
           and
           in
           Memory
           of
           Old
           Troy
           ,
           is
           transcribed
           :
           That
           Law
           derives
           the
           City's
           Laws
           ,
           Rights
           ,
           Liberties
           ,
           and
           
             Royal
             Customs
          
           ,
           from
           its
           first
           Foundation
           ;
           and
           says
           it
           has
           preserved
           them
           with
           an
           
             entire
             Inviolability
          
           ;
           and
           consequently
           affirms
           those
           Laws
           ,
           Rights
           ,
           Liberties
           ,
           and
           
             Royal
             Customs
          
           ,
           to
           have
           been
           at
           
             Common
             Law
          
           before
           any
           Charter
           .
        
         
           A
           †
           Charter
           passed
           in
           Parliament
           1
           E.
           3.
           and
           at
           the
           Request
           of
           the
           City
           ,
           express'd
           by
           the
           Recorder
           ,
           ‖
           enrolled
           in
           the
           King's-Bench
           soon
           after
           .
        
         
           This
           Charter
           ,
           mentioning
           the
           
             great
             Charter's
          
           Confirmation
           of
           all
           the
           City's
           antient
           Liberties
           and
           Customs
           ,
           adds
           ,
           that
           at
           the
           making
           of
           that
           Charter
           ,
           and
           in
           the
           times
           of
           Edward
           King
           and
           Confessor
           ,
           and
           of
           William
           the
           Conqueror
           ,
           and
           other
           E.
           3
           d's
           Progenitors
           ,
           the
           said
           Citizens
           had
           divers
           Liberties
           and
           Customs
           ,
           as
           well
           by
           Charters
           of
           Kings
           ,
           as
           without
           ,
           
             of
             antient
             Custom
          
           :
           Where
           the
           Custom
           is
           laid
           from
           before
           the
           
             reputed
             Conquest
          
           .
           And
           thus
           their
           Plea
           above
           ,
           which
           I
           find
           likewise
           pleaded
           or
           prepared
           ,
           *
           25
           H.
           8.
           is
           in
           effect
           warranted
           by
           Act
           of
           Parliament
           .
        
         
           It
           appears
           that
           the
           Charter
           to
           St.
           Martins
           ,
           which
           occasioned
           this
           Plea
           ,
           was
           granted
           2
           Will.
           1.
           and
           that
           in
           Parliament
           ,
           for
           it
           was
           at
           the
           Queen●s
           Coronation
           ,
           which
           ,
           as
           appears
           ‖
           by
           the
           old
           Rituals
           and
           Histories
           ,
           could
           not
           then
           be
           without
           the
           Consent
           of
           the
           States
           :
           Though
           in
           the
           Charter
           to
           be
           seen
           in
           the
           Tower
           by
           inspeximus
           ,
           there
           are
           Words
           exempting
           the
           Place
           from
           all
           secular
           Jurisdiction
           ;
           yet
           the
           whole
           County
           of
           London
           being
           the
           
             City's
             Farm
          
           ,
           Jurisdiction
           in
           every
           part
           of
           it
           was
           such
           an
           Incident
           as
           could
           not
           be
           taken
           away
           by
           general
           Words
           in
           an
           Act
           of
           Parliament
           :
           According
           to
           a
           Case
           ,
           *
           2
           E.
           3.
           wherein
           it
           was
           adjudged
           ,
           that
           though
           the
           Stat.
           of
           Westminster
           gave
           an
           Attaint
           against
           a
           Jury
           for
           a
           false
           Verdict
           ;
           an
           Attaint
           would
           not
           lie
           upon
           a
           Verdict
           in
           the
           City
           of
           London
           ,
           because
           of
           the
           Credit
           the
           Oaths
           of
           a
           City-Jury
           had
           by
           Prescription
           before
           the
           Statute
           .
        
         
           Since
           therefore
           the
           County
           of
           London
           is
           the
           
             City's
             Farm
          
           ,
           and
           of
           such
           a
           Nature
           ,
           
           that
           what
           belongs
           to
           the
           Farm
           is
           not
           separable
           by
           the
           general
           Words
           of
           an
           Act
           of
           Parliament
           ;
           neither
           will
           the
           discharging
           the
           Sheriffs
           otherwise
           than
           at
           the
           Pleasure
           of
           the
           Electors
           ,
           that
           is
           ,
           of
           the
           City
           duly
           represented
           ,
           at
           least
           for
           that
           Purpose
           ,
           be
           to
           be
           taken
           from
           the
           Electors
           by
           a
           less
           Authority
           than
           a
           Parliament
           :
           And
           if
           a
           Parliament
           cannot
           do
           it
           by
           general
           or
           doubtful
           Words
           ,
           much
           less
           can
           any
           others
           .
        
         
           But
           to
           evince
           that
           the
           discharging
           or
           amoving
           is
           incident
           to
           the
           Right
           of
           the
           Election
           ,
           I
           must
           observe
           ,
           that
           in
           other
           Counties
           ,
           which
           are
           not
           of
           Fee
           ,
           though
           the
           Choice
           of
           Sheriffs
           was
           at
           common
           Law
           in
           the
           Freeholders
           of
           the
           Counties
           ,
           yet
           the
           Sheriffs
           had
           their
           Commissions
           and
           Authority
           from
           the
           King.
           And
           as
           they
           have
           their
           several
           Bailywicks
           under
           them
           ,
           they
           were
           and
           are
           the
           
             King's
             Bailiffs
          
           of
           the
           whole
           County
           ;
           which
           in
           many
           Records
           is
           stiled
           their
           †
           Balliva
           or
           Bailywick
           .
        
         
           And
           though
           ordinarily
           the
           King
           constitutes
           them
           his
           Bailiffs
           for
           a
           Year
           ,
           they
           at
           Common
           Law
           were
           amoveable
           at
           his
           Pleasure
           .
           But
           as
           the
           County
           of
           London
           is
           the
           City's
           Farm
           ,
           it
           is
           the
           
             Sheriff's
             Bailywick
          
           under
           the
           City
           ,
           whose
           Election
           and
           Confirmation
           constitutes
           him
           Sheriff
           ,
           without
           any
           Commission
           from
           the
           King.
           
        
         
           And
           because
           the
           City
           is
           answerable
           to
           the
           King
           ,
           if
           the
           Sheriff
           be
           not
           able
           ,
           (
           though
           not
           for
           his
           Crimes
           ,
           which
           several
           Charters
           provide
           against
           )
           the
           Sheriffs
           used
           antiently
           to
           find
           ‖
           Sureties
           to
           indempnify
           the
           City
           .
        
         
           The
           Sheriffs
           therefore
           being
           but
           Bailiffs
           to
           the
           Electors
           ,
           in
           the
           Nature
           of
           the
           thing
           ,
           are
           amoveable
           or
           dischargeable
           by
           them
           ;
           and
           consequently
           by
           them
           only
           :
           unless
           we
           suppose
           two
           supreme
           Powers
           within
           the
           City
           ;
           which
           ,
           according
           to
           *
           
           Grotius's
           Argument
           against
           the
           Plurality
           of
           Gods
           ,
           are
           absolutely
           inconsistent
           .
        
         
           2.
           
           If
           there
           were
           any
           Question
           ,
           whether
           the
           discharging
           Sheriffs
           at
           Common
           Law
           belongs
           to
           the
           Electors
           ;
           Charters
           confirm'd
           by
           Parliament
           put
           it
           beyond
           Dispute
           .
        
         
           In
           a
           Charter
           †
           1
           Joh.
           after
           the
           Confirmation
           of
           the
           Sherifwick
           of
           London
           and
           Middlesex
           ,
           with
           all
           the
           Customs
           and
           Things
           to
           the
           Sherifwick
           belonging
           ,
           at
           the
           Rent
           of
           300
           
             l.
             per
             annum
          
           ,
           with
           a
           special
           saving
           to
           the
           Citizens
           of
           London
           of
           all
           their
           Liberties
           and
           free
           Customs
           ;
           it
           adds
           ,
           
             Moreover
             ,
             we
             have
             granted
             to
             the
             Citizens
             of
             London
             ,
             that
             they
             from
             among
             themselves
             may
             make
             Sheriffs
             
               whom
               they
               will
            
             ,
             and
             
               amove
               them
            
             when
             they
             will.
             
          
        
         
         
           This
           is
           not
           only
           confirm'd
           in
           general
           by
           that
           King
           's
           
             Great
             Charter
          
           at
           *
           Runny-mead
           ,
           or
           Redden-mead
           ,
           and
           by
           H.
           Third
           's
           
             Great
             Charter
          
           ,
           under
           the
           Cities
           Liberties
           ,
           and
           free
           Customs
           ;
           but
           by
           the
           express
           words
           of
           a
           Charter
           ,
           11
           H.
           III.
           and
           by
           two
           Acts
           of
           Parliament
           at
           the
           least
           ;
           one
           1
           ,
           the
           other
           7
           of
           R.
           II.
           In
           the
           first
           of
           which
           this
           is
           preserv'd
           ,
           ‖
           among
           other
           Rights
           ,
           
             tho'
             not
             us'd
          
           :
           And
           in
           the
           later
           ,
           
             tho'
             not
             us'd
             ,
             or
             abus'd
             .
          
        
         
           And
           all
           of
           them
           are
           repeated
           and
           confirm'd
           †
           ,
           2
           E.
           IV.
           And
           that
           of
           7
           R.
           II.
           is
           exemplified
           under
           the
           Broad-Seal
           *
           ,
           8
           J.
           I.
           
        
         
           It
           is
           observable
           ,
           That
           the
           managing
           Part
           of
           the
           City
           took
           Care
           to
           leave
           the
           
             Parliamentary
             Confirmations
          
           of
           this
           ,
           and
           other
           Clauses
           ;
           which
           ,
           possibly
           ,
           they
           thought
           too
           much
           to
           favour
           the
           Commonalty
           ,
           out
           of
           the
           Confirmation
           of
           their
           Charter
           ,
           16
           C.
           II.
           However
           ,
           the
           Acts
           of
           Parliament
           stood
           in
           no
           need
           of
           Confirmation
           ;
           and
           the
           late
           Exemplification
           ,
           of
           the
           most
           considerable
           of
           them
           ,
           confirming
           the
           rest
           ,
           removes
           the
           Pretence
           of
           their
           being
           antiquated
           ,
           or
           lost
           ,
           by
           any
           supposed
           disuse
           .
        
         
           And
           ,
           besides
           what
           I
           have
           mentioned
           ,
           according
           to
           the
           Cities
           Plea
           to
           the
           
             Quo
             Warranto
          
           in
           
           Michaelmas-Term
           ,
           1681.
           
           The
           entire
           Benefit
           of
           these
           Charters
           ,
           in
           this
           Point
           ,
           was
           confirm'd
           ,
           5
           H.
           VIII
           .
           2
           E.
           VI.
           1
           Mar.
           4
           Eliz.
           6.
           
           J.
           I.
           14
           C.
           I.
           
        
         
           To
           which
           ,
           not
           to
           mention
           others
           ,
           I
           may
           add
           the
           Statute
           ,
           ‖
           7
           H.
           IV.
           which
           ,
           after
           providing
           that
           Holy
           Church
           ,
           the
           Lords-Spiritual
           ,
           and
           Temporal
           ,
           and
           all
           the
           Cities
           and
           Burghs
           ,
           have
           ,
           and
           enjoy
           ,
           all
           their
           Liberties
           and
           Franchises
           before
           that
           time
           granted
           ;
           adds
           ,
           
             And
             that
             the
             
               Great
               Charter
            
             ,
             and
             the
             Charter
             of
             the
             Forest
             ,
             and
             all
             the
             Ordinances
             and
             Statutes
             made
             in
             the
             time
             of
             our
             Sovereign
             Lord
             the
             King
             ,
             and
             in
             the
             time
             of
             his
             Progenitors
             ,
             [
             not
             repealed
             ]
             be
             firmly
             holden
             and
             kept
             ,
             and
             duly
             executed
             ,
             in
             all
             Points
             .
          
        
         
           It
           may
           be
           material
           here
           ,
           to
           shew
           how
           the
           Law
           ,
           as
           to
           the
           Cities
           Liberty
           and
           Franchise
           ,
           for
           the
           chusing
           and
           amoving
           Sheriffs
           ,
           was
           taken
           in
           the
           next
           Reign
           after
           the
           making
           that
           Statute
           .
        
         
           
           In
           the
           6th
           of
           H
           V.
           a
           Sheriff
           dying
           in
           his
           Shrievalty
           ,
           the
           Mayor
           ,
           Aldermen
           ,
           and
           the
           more
           sufficient
           of
           the
           Commons
           ,
           that
           is
           ,
           as
           will
           afterwards
           appear
           ,
           the
           Livery-men
           ,
           were
           summon'd
           †
           before
           the
           King
           in
           Council
           ,
           to
           shew
           their
           Right
           to
           chuse
           ,
           upon
           the
           death
           of
           a
           Sheriff
           .
           They
           appearing
           ,
           answer
           by
           the
           Recorder
           ,
           
             That
             ,
             ‖
             among
             other
             ,
             the
             Libertus
             granted
             to
             the
             Citizens
             of
             London
             ,
             and
             ratified
             in
             divers
             Parliaments
             ,
             it
             is
             con●●i●ed
             ,
             That
             the
             Citizens
             of
             London
             may
             make
             Sheriffs
             of
             themselves
             ,
             
               as
               often
               as
               they
               will
            
             ,
             and
             amove
             them
             
               when
               they
               will.
            
             By
             reason
             of
             which
             Liberty
             they
             say
             That
             often
             hitherto
             ,
             after
             they
             have
             chosen
             Sheriffs
             from
             among
             themselves
             ,
             who
             have
             
               behaved
               themselves
            
             ill
             ,
             or
             died
             ,
             as
             it
             now
             happened
             ,
             they
             have
             chosen
             others
             in
             their
             stead
             .
          
        
         
           This
           Plea
           was
           then
           allowed
           by
           the
           Counsel
           ,
           or
           before
           the
           King
           in
           Council
           ,
           where
           such
           Matters
           us'd
           to
           be
           determin'd
           .
           
             And
             it
             was
             said
             to
             the
             Mayor
             and
             Commons
             ,
             That
             they
             should
             use
             as
             they
             had
             done
             hitherto
             .
          
        
         
           Where
           the
           Chusers
           and
           Amovers
           are
           agreed
           to
           be
           the
           same
           :
           And
           that
           these
           were
           the
           Mayor
           and
           Aldermen
           ,
           with
           the
           more
           sufficient
           of
           the
           Commons
           .
        
         
           
           And
           ,
           if
           it
           will
           appear
           ,
           that
           these
           were
           the
           Livery-men
           ;
           here
           is
           a
           Judgment
           of
           that
           time
           ,
           That
           ,
           according
           to
           the
           Charters
           confirm'd
           by
           Acts
           of
           Parliament
           ,
           the
           chusing
           ,
           and
           amoving
           ,
           or
           discharging
           of
           Sheriffs
           ,
           belongs
           to
           the
           Livery-men
           ,
           and
           ,
           consequently
           ,
           to
           none
           besides
           .
        
         
           If
           the
           above-mentioned
           Charters
           and
           Acts
           of
           Parliament
           ,
           in
           affirmance
           ,
           as
           I
           have
           shewn
           ,
           of
           the
           Common-Law
           ,
           are
           not
           enough
           to
           preserve
           the
           Cities
           Right
           of
           amoving
           ,
           or
           discharging
           Sheriffs
           ,
           as
           well
           as
           chusing
           them
           ;
           and
           if
           they
           may
           not
           chuse
           Persons
           exempted
           by
           Order
           of
           a
           Common-Council
           ,
           as
           well
           as
           others
           ;
           it
           is
           in
           vain
           to
           talk
           of
           such
           a
           thing
           as
           Legal
           Rights
           :
           For
           none
           can
           be
           more
           firmly
           and
           plainly
           established
           .
        
         
           If
           it
           be
           said
           ,
           That
           the
           City
           has
           this
           ,
           but
           not
           the
           Citizens
           which
           meet
           in
           Common-Hall
           :
           It
           may
           as
           well
           be
           said
           ,
           That
           they
           are
           not
           the
           Electors
           in
           any
           Case
           ;
           for
           whoever
           are
           ,
           by
           Law
           ,
           the
           Electors
           ,
           have
           Right
           to
           disallow
           Exemptions
           by
           others
           ,
           even
           by
           the
           King
           himself
           ,
           as
           in
           
           Rowlet's
           Case
           ;
           and
           to
           amove
           ,
           or
           discharge
           ,
           in
           as
           full
           a
           manner
           as
           they
           have
           the
           chusing
           .
        
         
           Farther
           yet
           ,
           Whatever
           is
           inconsistent
           with
           an
           undoubted
           Right
           ,
           is
           absolutely
           void
           ;
           but
           for
           the
           Common-Council
           to
           discharge
           a
           Person
           whom
           the
           Common-Hall
           and
           they
           themselves
           as
           Part
           did
           chuse
           by
           an
           undoubted
           Right
           ,
           is
           inconsistent
           ,
           as
           it
           makes
           the
           Right
           useless
           ;
           and
           therefore
           such
           a
           Discharge
           must
           be
           void
           .
           And
           the
           same
           will
           hold
           against
           Exemptions
           ;
           and
           indeed
           ,
           if
           others
           may
           exempt
           ,
           they
           cannot
           chuse
           whom
           they
           will.
           In
           either
           Case
           they
           are
           defeated
           of
           what
           the
           Common-Law
           and
           Charters
           ,
           confirmed
           in
           Parliament
           ,
           vested
           in
           '
           em
           .
        
         
         
           3.
           
           Since
           therefore
           ,
           they
           remain
           the
           Electors
           ,
           it
           will
           be
           a
           great
           Question
           ,
           
           whether
           they
           could
           barr
           themselves
           ,
           or
           succeeding
           Common-Halls
           ,
           from
           a
           Right
           so
           incident
           ,
           and
           annexed
           to
           the
           Election
           ,
           as
           the
           amoving
           ,
           or
           discharging
           ,
           a
           Person
           chosen
           Sheriff
           ;
           or
           exempting
           Persons
           being
           chosen
           ;
           according
           to
           the
           Notion
           of
           Sir
           
             Robert
             Filmer
          
           ,
           and
           others
           ,
           of
           Supreme
           Power
           (
           in
           which
           they
           mistake
           only
           for
           want
           of
           observing
           how
           the
           Power
           ,
           which
           is
           in
           its
           Nature
           indivisible
           ,
           is
           seated
           ,
           and
           enjoyed
           .
           )
        
         
           To
           this
           Matter
           I
           may
           well
           apply
           what
           that
           great
           Man
           ,
           the
           late
           Earl
           of
           Clarendon
           ,
           says
           of
           the
           Supposition
           ,
           That
           our
           Ancestors
           had
           absolutely
           submitted
           to
           the
           Will
           of
           a
           Conqueror
           .
        
         
           
             If
             it
             *
             can
             be
             supposed
             ,
             That
             any
             Nation
             can
             concur
             in
             such
             a
             Designation
             ,
             and
             devesting
             themselves
             of
             all
             their
             Right
             ,
             and
             Liberty
             ;
             it
             could
             only
             be
             ,
             in
             reason
             ,
             Obligatory
             
               to
               the
               present
               Contractors
            
             :
             Nor
             does
             it
             appear
             to
             us
             ,
             That
             their
             Posterity
             must
             be
             bound
             by
             so
             
               unthrifty
               a
               Concession
            
             of
             their
             Parents
             .
          
        
         
           To
           which
           I
           may
           add
           that
           of
           ‖
           Grotius
           ;
           
             No
             Man
             can
             oblige
             himself
             by
             way
             of
             Law
             ,
             that
             is
             as
             a
             Superior
             :
             And
             hence
             it
             is
             ,
             that
             the
             Authors
             of
             Laws
             have
             Right
             to
             
               change
               their
               Laws
            
             ;
             yet
             any
             Body
             may
             be
             oblig'd
             by
             his
             own
             Law
             ;
             not
             directly
             ,
             but
             by
             consequence
             ,
             (
             that
             is
             to
             say
             )
             as
             he
             is
             a
             Part
             of
             the
             Community
             ;
             according
             to
             natural
             Equity
             ,
             which
             requires
             that
             Parts
             should
             be
             compos'd
             with
             respect
             to
             the
             Whole
             .
          
        
         
           But
           here
           the
           Electors
           stand
           in
           the
           Place
           of
           the
           whole
           Body
           of
           Citizens
           ,
           and
           therefore
           might
           at
           any
           time
           re-assume
           the
           Right
           which
           belongs
           to
           them
           as
           Electors
           .
        
         
           However
           ,
           that
           they
           shall
           not
           be
           thought
           to
           have
           parted
           with
           it
           by
           Implication
           ,
           
           in
           suffering
           a
           Common-Council
           to
           act
           as
           if
           the
           sole
           Authority
           in
           this
           Matter
           rested
           in
           them
           ;
           tho'
           for
           a
           longer
           time
           than
           can
           be
           pretended
           here
           ,
           may
           ,
           besides
           the
           reason
           of
           the
           thing
           ,
           appear
           :
        
         
           1.
           
           From
           observing
           some
           parallel
           Cases
           .
        
         
           2.
           
           From
           the
           Resolution
           of
           Judges
           ,
           directly
           in
           this
           Point
           .
        
         
           First
           ,
           I
           may
           observe
           some
           Cases
           ,
           of
           many
           ,
           wherein
           a
           greater
           length
           of
           time
           than
           is
           supposed
           here
           ,
           can
           take
           away
           no
           Right
           .
        
         
           1.
           
           Discontinuance
           of
           part
           of
           the
           Services
           ,
           belonging
           to
           Tenure
           ,
           when
           the
           Lord
           of
           a
           Mannor
           has
           been
           possessed
           of
           other
           Part
           ,
           or
           at
           least
           of
           the
           Principal
           ;
           as
           in
           
           Bevil's
           Case
           .
           
        
         
           According
           to
           which
           ,
           possession
           of
           the
           Right
           of
           Chusing
           carries
           with
           it
           the
           incidental
           Right
           ,
           of
           Exempting
           and
           Amoving
           ,
           or
           ,
           Discharging
           .
        
         
           2.
           
           Where
           a
           Custom
           which
           has
           long
           obtain'd
           ,
           is
           contrary
           to
           the
           Common-Law
           Right
           ,
           confirm'd
           by
           
             Magna
             Charta
          
           ,
           of
           a
           considerable
           Body
           of
           Men.
           
        
         
           Thus
           from
           the
           Precedent
           in
           the
           Case
           of
           the
           Earl
           of
           Warwick
           ,
           14
           or
           15
           H.
           VII
           .
           a
           Custom
           and
           suppos'd
           Prerogative
           had
           obtain'd
           ,
           for
           the
           King
           to
           name
           a
           select
           Number
           of
           Peers
           to
           try
           any
           one
           of
           them
           for
           his
           Life
           .
           And
           this
           is
           supported
           not
           only
           by
           the
           Opinion
           of
           the
           Lord
           Coke
           ,
           but
           by
           the
           Year-Book
           ,
           
           1
           H.
           IV.
           where
           there
           is
           a
           formal
           Account
           of
           the
           Trial
           of
           an
           Earl
           of
           H.
           in
           such
           manner
           ,
           at
           that
           time
           .
        
         
           When
           it
           appears
           by
           the
           Summons
           to
           Parliaments
           at
           that
           time
           ,
           that
           there
           was
           no
           other
           Earl
           of
           H.
           besides
           the
           Earl
           of
           Huntington
           :
           And
           the
           Record
           *
           of
           2
           H.
           IV.
           shews
           ,
           that
           he
           being
           taken
           in
           open
           Rebellion
           ,
           was
           executed
           by
           the
           People
           without
           any
           Legal
           Process
           .
        
         
           This
           ,
           and
           other
           Evidences
           of
           the
           Right
           of
           the
           Lords
           to
           fair
           Trials
           ,
           
           having
           been
           communicated
           to
           several
           of
           them
           ,
           occasioned
           their
           Resolution
           ,
           Jan.
           14.
           1689.
           
        
         
           
             That
             it
             is
             the
             ancient
             Right
             of
             the
             Peers
             of
             England
             to
             be
             try'd
             only
             
               in
               full
               Parliament
            
             ,
             for
             
               Capital
               Offences
            
             .
          
           Which
           they
           explained
           three
           Days
           after
           ,
           excepting
           Appeals
           for
           Murther
           ,
           or
           other
           Felony
           .
           
           Which
           Resolution
           was
           189
           Years
           since
           the
           Precedent
           to
           the
           contrary
           ,
           which
           had
           been
           followed
           ever
           since
           to
           that
           Day
           .
        
         
           3.
           
           It
           is
           to
           be
           consider'd
           ,
           That
           the
           Right
           here
           in
           question
           ,
           
           is
           a
           Right
           belonging
           to
           the
           Citizens
           of
           London
           by
           Prescription
           ,
           confirm'd
           by
           Charters
           and
           Acts
           of
           Parliament
           :
           And
           a
           Right
           ,
           which
           ,
           as
           has
           appear'd
           above
           ,
           the
           present
           Representatives
           of
           the
           Citizens
           ,
           for
           the
           election
           of
           Sheriffs
           ,
           were
           possess'd
           of
           in
           the
           Reign
           of
           H.
           VIII
           .
           if
           not
           as
           late
           as
           1
           Eliz.
           But
           if
           the
           Custom
           ever
           since
           ,
           or
           for
           a
           much
           longer
           time
           ,
           had
           placed
           the
           Exemption
           and
           Discharge
           in
           others
           ;
           such
           a
           Custom
           could
           not
           destroy
           the
           Cities
           prescriptional
           Right
           :
           For
           tho'
           Interruption
           may
           destroy
           the
           prescriptional
           Rights
           of
           particular
           Persons
           ,
           
           it
           shall
           not
           such
           Rights
           of
           Cities
           and
           Boroughs
           ,
           as
           may
           be
           regularly
           exercised
           without
           confusion
           .
        
         
           Accordingly
           ,
           tho'
           some
           ‖
           Boroughs
           never
           sent
           Burgesses
           to
           Parliament
           above
           once
           ,
           twice
           ,
           or
           thrice
           ,
           in
           one
           or
           two
           ,
           and
           some
           not
           in
           three
           hundred
           Years
           ,
           they
           ,
           in
           pursuance
           of
           several
           Votes
           of
           the
           House
           of
           Commons
           ,
           from
           the
           18th
           of
           J.
           I.
           downwards
           ,
           
           have
           been
           restored
           and
           remitted
           to
           their
           Antient
           Right
           :
           As
           (b)
           
             Agmondesham
             ,
             St.
             Albans
             ,
             Alverton
             ,
          
           alias
           
             Allerton
             ,
             Andover
          
           ,
           (c)
           
             Asperton
             ,
             Beverley
             ,
             Botolph
             ,
             Dunster
             ,
             Fawy
             ,
             Gatton
             ,
             Herewich
             ,
             Honyton
             ,
             Lancaster
             ,
             Leychesfeld
             ,
             Lee
             ,
          
           (d)
           
             Malton
             ,
             Marlaw
             Magna
             ,
             Okhampton
             ,
             Oreford
             ,
          
           (e)
           
             Pontefract
             ,
             Preston
             ,
             Richmond
             ,
             Seaford
             ,
             Web●eley
             ,
             Wendover
             ,
             Wych
             .
          
        
         
           I
           shall
           take
           leave
           to
           observe
           what
           is
           cited
           upon
           this
           Occasion
           ,
           in
           one
           of
           the
           Reports
           of
           the
           ●ommittee
           of
           Privileges
           ,
           An.
           1628.
           from
           Hankford
           ,
           11
           H.
           4.
           
           
             The
             long
             discontinuance
             might
             come
             from
             Poverty
             ,
             or
             the
             nescience
             or
             neglect
             of
             the
             Sheriff
             .
          
           Tho
           for
           certain
           ,
           in
           so
           long
           a
           Succession
           of
           Parliaments
           ,
           these
           Burroughs
           had
           sufficient
           Opportunities
           of
           freeing
           themselves
           from
           any
           Prejudice
           which
           might
           arise
           from
           such
           ●●science
           ,
           or
           Neglect
           ;
           and
           by
           so
           long
           a
           Sufferance
           ,
           seem
           to
           have
           given
           up
           their
           Right
           :
           Yet
           it
           appears
           to
           be
           a
           Right
           of
           such
           a
           Nature
           ,
           as
           is
           assumable
           whenever
           they
           are
           in
           a
           condition
           to
           exercise
           it
           .
        
         
           For
           evidence
           of
           which
           ,
           I
           take
           leave
           to
           add
           a
           farther
           Instance
           ,
           that
           no
           discontinuance
           ,
           tho
           for
           several
           hundreds
           of
           Years
           ,
           shall
           destroy
           such
           a
           Right
           .
        
         
           Which
           is
           the
           Case
           of
           St.
           
             Edmond's
             Bury
          
           in
           Suffolk
           .
        
         
           This
           by
           King
           *
           Cnute's
           Charter
           ,
           confirm'd
           by
           †
           
             Edward
             the
             Confessor
          
           ,
           and
           afterwards
           by
           W.
           1.
           and
           (
           whatever
           some
           talk
           of
           the
           publishing
           his
           Laws
           in
           French
           )
           according
           to
           the
           Usage
           of
           his
           and
           former
           Times
           ‖
           published
           or
           proclaimed
           m●re
           than
           once
           ,
           in
           the
           
             Sax●n
             Tongue
          
           ;
           appears
           to
           have
           been
           a
           Burrough
           ,
           from
           the
           Time
           of
           
             K.
             Edmond
          
           ,
           who
           died
           about
           800
           Years
           since
           ,
           and
           yet
           but
           one
           Precept
           can
           be
           found
           for
           this
           Burrough
           to
           send
           Members
           to
           Parliament
           till
           within
           late
           Days
           :
           and
           that
           single
           Precept
           was
           as
           early
           as
           30
           Edw.
           1.
           nor
           was
           there
           any
           Return
           upon
           it
           .
           But
           this
           appearing
           to
           have
           been
           an
           Antient
           Burrough
           ;
           the
           right
           of
           being
           represented
           in
           Parliament
           was
           such
           an
           Incident
           ,
           as
           no
           discontinuance
           could
           sever
           .
        
         
           4.
           
           Nothing
           appears
           to
           the
           contrary
           ,
           but
           that
           from
           the
           Time
           that
           this
           Common-Council
           receiv'd
           its
           Settlement
           ,
           
           whenever
           that
           was
           ,
           they
           have
           been
           chosen
           by
           the
           Inhabitants
           in
           the
           several
           Wards
           ,
           free
           and
           unfree
           :
           tho
           directly
           contrary
           to
           the
           Charters
           ,
           which
           place
           the
           Rights
           of
           the
           ●ity
           in
           the
           Freemen
           .
           And
           thus
           it
           continued
           ,
           till
           the
           Mayoralty
           of
           that
           prudent
           Magistrate
           ,
           Sir
           
             Thomas
             Stamp
          
           :
           When
           it
           was
           declared
           ,
           
             That
             
               it
               is
               ,
               and
               antiently
               hath
               been
               ,
               the
               Right
               and
               Privilege
               of
               the
               Freemen
               of
               the
               said
               City
               only
               ,
            
             
             being
             Housholders
             ,
             paying
             Scot
             and
             bearing
             Lot
             ,
             and
             or
             none
             other
             whatsoe●er
             ,
             in
             their
             several
             and
             respective
             Wards
             ,
             from
             time
             to
             time
             ,
             as
             often
             as
             there
             was
             or
             should
             be
             occasion
             ▪
             to
             nominate
             Aldermen
             ,
             and
             elect
             Common-Council-men
             ,
             for
             the
             same
             respective
             Wards
             .
          
        
         
           There
           is
           not
           in
           that
           Act
           the
           least
           intimation
           ,
           that
           there
           ever
           was
           a
           Custom
           for
           the
           Freemen
           to
           chuse
           ,
           exclusive
           of
           all
           others
           :
           And
           yet
           the
           Sense
           of
           the
           Common-Council
           was
           ,
           that
           such
           Right
           remained
           ,
           notwithstanding
           the
           long
           Disuse
           ,
           and
           the
           usurpation
           of
           Foreigners
           ,
           with
           the
           Permission
           of
           the
           Freemen
           .
        
         
           2.
           
           Among
           Resolutions
           of
           Judges
           ,
           directly
           to
           the
           present
           Point
           ,
           I
           may
           very
           well
           use
           that
           which
           is
           cited
           on
           the
           other
           Side
           ,
           
           40
           &
           41
           Eliz.
           
        
         
           According
           to
           which
           ,
           it
           is
           to
           be
           presum'd
           ,
           that
           
             Common
             Assent
          
           has
           placed
           the
           Elections
           of
           Sheriffs
           in
           the
           Livery-men
           :
           but
           the
           Claim
           or
           Exercice
           of
           Authority
           to
           discharge
           or
           exempt
           a
           Person
           chosen
           ,
           can
           have
           no
           Foundation
           in
           Law
           ,
           unless
           transferred
           from
           the
           Electors
           to
           others
           ,
           by
           the
           express
           
             Common
             Assent
          
           of
           the
           Electors
           ,
           or
           at
           least
           such
           as
           is
           presumable
           to
           have
           been
           very
           long
           since
           given
           :
           for
           which
           Presumption
           ,
           I
           challenge
           any
           Man
           to
           shew
           the
           least
           Ground
           .
        
         
           But
           there
           is
           another
           Resolution
           of
           Judges
           of
           yet
           greater
           Authority
           ;
           that
           40
           and
           41
           Eliz.
           being
           extrajudicial
           upon
           a
           Case
           put
           at
           Serjeants-Inn
           .
           Whereas
           I
           shall
           shew
           a
           formal
           Judgment
           ,
           that
           
             Common
             Assent
          
           ,
           to
           be
           of
           any
           Force
           in
           such
           Case
           ,
           ought
           to
           be
           express
           ,
           and
           not
           by
           Implication
           .
           The
           Judgment
           follows
           in
           these
           words
           :
        
         
           3
           d.
           
           
             It
             was
             agreed
             by
             Coke
             ,
             Chief
             Justice
             ,
             and
             
               the
               whole
               Court
            
             ,
             in
             this
             Case
             of
             Colchester
             ,
             
             concerning
             their
             Corporation
             ,
             that
             if
             there
             be
             a
             
               popular
               Election
            
             of
             the
             Mayor
             ,
             and
             Aldermen
             ,
             in
             Corporate
             Towns
             ,
             and
             this
             happens
             to
             
               breed
               Confusion
            
             amongst
             'em
             ,
             this
             may
             be
             altered
             by
             their
             Agreement
             ,
             and
             by
             the
             
               common
               Assent
            
             of
             all
             ,
             to
             have
             their
             Elections
             by
             a
             fewer
             Number
             ;
             
               but
               not
               otherwise
            
             .
             But
             if
             by
             their
             Charter
             they
             are
             to
             be
             elected
             
               by
               them
               all
            
             :
             then
             
               this
               is
               not
               to
               be
               altered
               ,
               but
               by
               and
               with
               the
               general
               Assent
               of
               the
               whole
               Town
               ,
               and
               so
               by
               this
               means
               to
               take
               away
               Confusion
               .
            
          
        
         
           This
           is
           so
           plain
           ,
           that
           it
           needs
           no
           Comment
           ,
           only
           that
           it
           must
           not
           be
           objected
           ,
           that
           this
           speaks
           only
           of
           Elections
           ,
           not
           the
           discharging
           of
           Persons
           chosen
           ,
           or
           any
           other
           Incident
           .
        
         
           For
           if
           even
           in
           the
           Case
           of
           Elections
           ,
           where
           there
           is
           a
           Necessity
           to
           restrain
           the
           Numbers
           of
           
             Electors
             ,
             to
             avoid
             Confusion
          
           ;
           this
           Restraint
           will
           not
           bind
           without
           a
           
             general
             Assent
          
           ;
           much
           less
           can
           it
           be
           pretended
           ,
           that
           where
           Elections
           can
           be
           ,
           and
           are
           ,
           duly
           made
           ,
           it
           shall
           be
           in
           the
           Power
           of
           others
           to
           defeat
           or
           vacate
           the
           Election
           ;
           and
           put
           
           the
           Electors
           in
           danger
           of
           wanting
           sufficient
           Men
           to
           serve
           ,
           or
           of
           Confusion
           by
           Elections
           often
           repeated
           :
           when
           the
           Power
           of
           doing
           this
           was
           never
           parted
           with
           in
           express
           Terms
           ,
           or
           so
           much
           as
           by
           Implication
           .
        
         
           4.
           
           But
           that
           the
           Common-Hall
           have
           never
           parted
           with
           this
           ;
           or
           if
           they
           had
           ,
           are
           restored
           to
           it
           ,
           may
           very
           easily
           appear
           ,
           if
           we
           consider
           ,
        
         
           1.
           
           That
           the
           Right
           of
           chusing
           what
           qualified
           Persons
           they
           please
           ,
           or
           amoving
           or
           discharging
           'em
           at
           pleasure
           ,
           is
           not
           only
           vested
           in
           'em
           by
           common
           Law
           ,
           confirmed
           by
           Charters
           ,
           and
           Acts
           of
           Parliament
           ;
           but
           has
           been
           exercised
           by
           the
           Common-Hall
           ,
           not
           only
           before
           the
           supposed
           Settlement
           of
           the
           present
           Common-Council
           ,
           and
           the
           
             Livery
             Common-Hall
          
           ,
           but
           after
           ;
           and
           that
           in
           Instances
           very
           remarkable
           ,
           and
           fully
           expressive
           of
           their
           Authority
           .
        
         
           And
           if
           there
           had
           been
           any
           Discontinuance
           ,
           their
           adhering
           to
           their
           Choice
           of
           Sir
           
             Christopher
             Lethieulier
          
           ,
           and
           Sir
           
             John
             Houblon
          
           ,
           and
           obliging
           them
           to
           hold
           ,
           after
           they
           had
           fined
           ;
           according
           to
           a
           known
           Term
           in
           Law
           ,
           would
           work
           a
           Remitter
           ,
           by
           which
           they
           would
           be
           restor'd
           to
           their
           best
           Right
           ,
           which
           is
           so
           favour'd
           in
           Law
           ,
           
           that
           if
           one
           who
           has
           been
           disseis'd
           of
           Land
           ,
           enter
           under
           a
           Lease
           from
           the
           Disseisor
           ;
           he
           shall
           be
           adjudg'd
           to
           be
           in
           Possession
           upon
           his
           former
           Right
           .
        
         
           2.
           
           That
           whereas
           the
           Vindicator
           will
           have
           a
           supposed
           Custom
           for
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           ,
           to
           discharge
           ,
           or
           exempt
           ,
           to
           have
           been
           confirmed
           by
           the
           late
           Act
           ,
           restoring
           the
           City
           Charter
           ;
           it
           restores
           to
           the
           
             Mayor
             ,
             Commonalty
          
           ,
           
           and
           Citizens
           ,
           all
           their
           Rights
           ,
           [
           which
           they
           lawfully
           had
           ]
           at
           the
           recording
           or
           giving
           the
           Judgment
           :
           But
           surely
           a
           Custom
           of
           so
           late
           Days
           as
           this
           is
           ,
           take
           it
           with
           the
           greatest
           colour
           of
           Pretension
           ,
           (
           especially
           when
           the
           Custom
           is
           of
           such
           a
           Nature
           ,
           that
           whatever
           Entries
           may
           have
           been
           in
           the
           Books
           of
           the
           Common-Council
           ,
           the
           
           Common-Hall's
           unanimous
           Choice
           of
           any
           other
           Person
           ,
           may
           be
           well
           taken
           to
           have
           been
           the
           only
           legal
           Discharge
           ;
           as
           it
           plainly
           was
           so
           late
           as
           1
           Eliz.
           )
           cannot
           come
           within
           the
           meaning
           of
           those
           words
           ;
           and
           that
           to
           the
           Prejudice
           of
           a
           Right
           which
           
             Magna
             Charta
          
           ,
           and
           so
           many
           other
           Charters
           and
           Statutes
           ;
           and
           some
           of
           them
           not
           very
           Antient
           ,
           have
           vested
           in
           the
           Electors
           .
        
         
           Wherefore
           the
           
             lawful
             Custom
          
           in
           this
           Matter
           ,
           used
           by
           the
           Common-Hall
           ,
           from
           the
           beginning
           ,
           till
           within
           the
           Time
           of
           Queen
           Elizabeth
           ,
           and
           of
           which
           they
           were
           possess'd
           at
           the
           making
           the
           Statute
           ,
           2
           W.
           &
           M.
           is
           indisputably
           restored
           and
           confirmed
           by
           that
           Statute
           .
        
         
           And
           if
           all
           this
           cannot
           fix
           a
           Right
           in
           the
           Common-Hall
           ,
           I
           must
           needs
           think
           the
           Rights
           of
           English-men
           very
           precarious
           .
        
         
           Which
           leads
           me
           to
           the
           higher
           Controversy
           ;
           where
           the
           Vindicator
           supposes
           ,
           
           that
           if
           there
           has
           been
           no
           former
           By-Law
           or
           Practice
           ,
           directly
           in
           this
           Point
           ;
           yet
           the
           Common-Council
           may
           exercise
           such
           a
           Power
           ,
           by
           a
           Right
           inherent
           in
           them
           ,
           as
           the
           
             City's
             Legislators
          
           ,
           who
           were
           not
           only
           prior
           in
           time
           to
           the
           
             Livery
             Common-Hall
          
           ,
           but
           gave
           being
           to
           'em
           in
           the
           Time
           of
           E.
           4.
           and
           can
           controul
           their
           Acts.
           
        
         
           Not
           here
           to
           insist
           upon
           the
           plain
           Consequence
           of
           these
           Assertions
           ,
           that
           if
           what
           the
           Vindicator
           holds
           be
           true
           ,
           the
           Common-Council
           may
           not
           only
           place
           Elections
           of
           Sheriffs
           in
           themselves
           ,
           but
           of
           all
           other
           Officers
           ,
           and
           even
           of
           Members
           of
           Parliament
           ,
           and
           
             Common-Council
             Men
          
           ;
           and
           make
           themselves
           a
           Body
           of
           perpetual
           Continuance
           ,
           supplying
           Vacancies
           by
           the
           Choice
           of
           the
           Survivers
           ;
           and
           so
           by
           one
           single
           Act
           of
           a
           Common-Council
           overthrow
           all
           the
           Rights
           of
           the
           City
           ;
           to
           leave
           this
           Reflection
           to
           be
           improv'd
           by
           others
           .
        
         
           I
           shall
           prove
           ,
           that
           the
           present
           Common-Hall
           is
           by
           Law
           chiefly
           entrusted
           with
           executing
           the
           Powers
           given
           by
           
             Common
             Law
          
           ,
           
           and
           Charters
           confirmed
           by
           divers
           Parliaments
           ,
           to
           the
           Body
           of
           Freemen
           :
           Where
           I
           shall
           shew
           ,
        
         
           1.
           
           That
           the
           Rights
           and
           Liberties
           of
           the
           City
           rested
           in
           the
           whole
           Body
           of
           the
           Freemen
           :
           and
           the
           whole
           Body
           of
           them
           have
           regularly
           voted
           in
           making
           Laws
           ,
           for
           the
           Benefit
           and
           Government
           of
           the
           City
           ,
           before
           they
           had
           any
           Charters
           ,
           and
           since
           .
        
         
           2.
           
           That
           whoever
           are
           legally
           possess'd
           of
           the
           publick
           Common-Hall
           ,
           are
           intituled
           to
           all
           the
           Authority
           which
           the
           whole
           Body
           ever
           had
           :
           especially
           in
           those
           Matters
           wherein
           the
           present
           Possessors
           exercise
           Authority
           :
           and
           that
           the
           Livery-men
           have
           this
           Right
           .
        
         
           3.
           
           That
           a
           Representation
           of
           the
           Commons
           ,
           by
           the
           Mysteries
           ,
           was
           settled
           in
           the
           Council-Chamber
           ,
           with
           Authority
           to
           make
           By-Laws
           ,
           before
           any
           Common-Council
           of
           the
           present
           Form
           had
           such
           Authority
           .
           And
           ,
           however
           ,
           that
           the
           Authority
           of
           that
           Council
           was
           soon
           taken
           away
           by
           Act
           of
           Common-Hall
           ;
           and
           lodg'd
           for
           some
           time
           in
           the
           Representation
           by
           the
           Mysteries
           .
        
         
           4.
           
           That
           whoever
           are
           intituled
           to
           the
           Council-Chamber
           ;
           that
           Council
           is
           a
           meer
           Creature
           and
           Committee
           of
           the
           Common-Hall
           ,
           by
           it
           entrusted
           with
           the
           dispatch
           of
           some
           things
           ;
           and
           for
           preparing
           others
           for
           its
           ease
           .
           And
           whatever
           Power
           they
           have
           about
           Circumstances
           ,
           cannot
           by
           their
           Act
           deprive
           the
           Common-Hall
           of
           any
           Right
           .
        
         
         
           5.
           
           That
           there
           is
           no
           colour
           to
           believe
           ,
           that
           the
           Common-Hall
           ,
           as
           now
           compos'd
           ,
           received
           its
           Being
           or
           Authority
           from
           such
           Common-Council
           as
           now
           acts
           :
           or
           from
           any
           thing
           but
           the
           general
           Consent
           of
           the
           Freemen
           ,
           express'd
           in
           some
           Act
           of
           Common-Hall
           ,
           before
           the
           Time
           of
           E.
           4.
           or
           imply'd
           in
           the
           long
           submission
           of
           the
           rest
           of
           the
           Freemen
           ,
           before
           that
           Time
           ,
           or
           since
           .
        
         
           
           (
           1.
           )
           As
           I
           before
           observ'd
           ,
           the
           
           Confessor's
           Law
           derives
           the
           
             City's
             Laws
             ,
             Rights
             ,
             Dignities
             ,
          
           and
           
             Royal
             Customs
          
           ,
           from
           its
           first
           Foundation
           .
        
         
           I
           may
           add
           ,
           that
           it
           says
           ,
           in
           every
           County
           there
           ought
           to
           be
           a
           (a)
           Folkmote
           on
           the
           first
           of
           the
           Kalends
           of
           October
           ,
           there
           to
           provide
           who
           shall
           be
           Sheriff
           ,
           and
           who
           shall
           be
           their
           (b)
           Heretochs
           :
           and
           there
           to
           hear
           their
           just
           Precepts
           ,
           by
           the
           Counsel
           and
           Assent
           of
           the
           Peers
           ,
           and
           [
           
             Judgment
             of
             the
             Folkmote
          
           ]
           .
        
         
           That
           London
           had
           such
           a
           Folkmote
           ,
           and
           the
           Judgment
           of
           that
           Folkmote
           extended
           to
           the
           making
           By-Laws
           ,
           before
           the
           Time
           of
           the
           Confessor
           ,
           appears
           by
           the
           following
           Instance
           .
        
         
           In
           the
           Time
           of
           King
           (c)
           Athelstan
           ,
           above
           120
           Years
           before
           the
           
             reputed
             Conquest
          
           ,
           Laws
           had
           been
           made
           at
           
             Gratelie
             ,
             Exeter
          
           ,
           and
           Winresfeld
           ;
           or
           rather
           the
           Laws
           made
           at
           Gratelie
           ,
           were
           ratified
           at
           the
           two
           other
           Places
           ;
           all
           the
           
             wise
             Men
          
           not
           being
           able
           to
           meet
           at
           the
           first
           .
        
         
           These
           Laws
           are
           not
           only
           received
           by
           the
           Earls
           ,
           or
           rather
           Companions
           ,
           and
           Townsmen
           ,
           or
           Citizens
           of
           London
           ;
           but
           they
           make
           considerable
           Additions
           to
           them
           for
           the
           Good
           of
           the
           City
           .
        
         
           (d)
           Their
           Act
           or
           Judgment
           is
           called
           the
           Constitution
           ,
           (e)
           which
           the
           Bishops
           ,
           and
           
             Head-boroughs
             ,
             who
             belong
             to
             the
             Court
             of
          
           London
           ,
           have
           made
           or
           published
           :
           and
           which
           the
           Earls
           ,
           or
           rather
           Companions
           ,
           or
           Companies
           ,
           and
           Townsmen
           ,
           have
           confirm'd
           by
           Oath
           in
           their
           Free-Gild
           .
        
         
           There
           ,
           among
           other
           things
           ,
           they
           provide
           ,
           that
           no
           Thief
           above
           12
           Years
           old
           ,
           found
           guilty
           by
           Inquisition
           ,
           or
           upon
           Trial
           ,
           shall
           be
           spared
           .
           And
           that
           (f)
           he
           who
           was
           rob'd
           ,
           having
           receiv'd
           his
           Capital
           or
           Principal
           ,
           the
           King
           should
           have
           half
           ;
           the
           Society
           should
           share
           the
           rest
           with
           the
           Lord
           ,
           of
           whom
           he
           held
           
             Book-Land
             ,
             or
             Bishops-Land
          
           .
        
         
           It
           provides
           (g)
           for
           a
           Common
           Stock
           for
           the
           Good
           of
           all
           :
           and
           that
           all
           
             in
             common
          
           shall
           inquire
           into
           the
           disposal
           of
           it
           .
        
         
           It
           settles
           (h)
           Decennaries
           ,
           or
           Tythings
           :
           and
           that
           there
           shall
           be
           one
           over
           'em
           ,
           who
           shall
           summon
           them
           for
           their
           
             common
             Profit
          
           ;
           and
           take
           an
           Account
           what
           they
           send
           ,
           (i)
           when
           they
           are
           to
           contribute
           ,
           or
           be
           taxed
           ;
           and
           what
           ,
           (k)
           when
           they
           receive
           Money
           ,
           by
           Order
           of
           all
           the
           Citizens
           ,
           upon
           their
           
             treating
             together
          
           .
        
         
           With
           other
           Particulars
           ,
           which
           I
           need
           not
           mention
           ;
           this
           being
           enough
           to
           shew
           their
           Authority
           at
           Common
           Law
           ,
           before
           the
           reputed
           Conquest
           .
           (l)
        
         
           Then
           ,
           which
           was
           above
           750
           Years
           since
           ,
           they
           had
           their
           Guildhall
           ;
           and
           ,
           as
           the
           *
           Confessor's
           Law
           shews
           ,
           their
           Court
           of
           the
           Hustings
           ;
           which
           in
           that
           Law
           is
           spoken
           of
           as
           an
           antient
           Court
           :
           and
           all
           things
           of
           Moment
           seem
           to
           have
           been
           transacted
           there
           ;
           till
           the
           Numbers
           of
           Freemen
           so
           encreased
           ,
           that
           they
           could
           not
           all
           meet
           in
           the
           Hall
           ,
           but
           were
           forc'd
           to
           keep
           their
           Folkmotes
           in
           the
           open
           Air
           at
           St.
           
           Paul's
           Cross
           ;
           where
           was
           a
           very
           wide
           Field
           before
           there
           were
           Buildings
           to
           the
           Water-side
           .
        
         
           I
           shall
           not
           detain
           the
           Reader
           with
           the
           many
           Presidents
           of
           their
           Assemblies
           there
           upon
           all
           emergent
           Occasions
           ;
           but
           must
           observe
           ,
           that
           as
           late
           as
           †
           19
           E.
           2.
           they
           prescribed
           to
           a
           Right
           of
           holding
           Assemblies
           there
           .
        
         
           I
           shall
           give
           but
           one
           Instance
           ,
           how
           early
           the
           Aldermen
           ,
           with
           those
           who
           called
           themselves
           the
           
             more
             discreet
          
           of
           the
           City
           ,
           would
           have
           usurp'd
           upon
           the
           Rights
           of
           the
           Commons
           in
           their
           Guildhall
           ,
           or
           Folkmote
           in
           the
           open
           Air.
           At
           the
           end
           of
           H.
           3
           's
           Reign
           ,
           the
           Citizens
           ,
           
           according
           to
           Custom
           ,
           had
           met
           in
           Guildhall
           for
           the
           Election
           of
           a
           Mayor
           :
           the
           Aldermen
           and
           
             more
             discreet
          
           of
           the
           City
           would
           have
           chosen
           Philip
           the
           Taylor
           ;
           the
           Commonalty
           contradicted
           it
           with
           great
           Noise
           ,
           and
           chose
           one
           Hervey
           ,
           and
           placed
           him
           in
           the
           Chair
           .
           Upon
           this
           the
           Aldermen
           and
           their
           Party
           complain
           to
           the
           King
           ,
           that
           they
           were
           over-run
           by
           the
           Commonalty
           .
           The
           People
           follow'd
           them
           with
           great
           Noise
           ,
           to
           the
           Disturbance
           of
           the
           King
           ,
           who
           lay
           upon
           his
           Death-bed
           ;
           and
           cried
           ,
           that
           they
           were
           the
           Commons
           ,
           and
           to
           them
           belong'd
           the
           Election
           of
           a
           Mayor
           .
        
         
           The
           others
           said
           ,
           they
           were
           the
           Head
           ,
           and
           the
           People
           but
           the
           Members
           :
           the
           
             King's
             Council
          
           put
           them
           off
           till
           next
           Day
           ,
           and
           bid
           Hervey
           not
           to
           come
           to
           Court
           with
           more
           than
           ten
           in
           his
           Company
           :
           However
           he
           summoned
           all
           the
           Citizens
           ,
           except
           those
           who
           adhered
           to
           the
           Aldermen
           :
           And
           next
           Day
           a
           vast
           Number
           of
           Horse
           and
           Foot
           came
           
           to
           Westminster
           .
           The
           
           King's
           Council
           finding
           they
           could
           not
           agree
           ,
           threatned
           to
           amove
           Hervey
           ,
           and
           put
           a
           Custos
           over
           them
           .
           To
           avoid
           which
           they
           agreed
           ,
           that
           five
           should
           be
           chosen
           of
           each
           side
           to
           settle
           who
           should
           be
           Mayor
           .
        
         
           However
           ,
           this
           being
           in
           Diminution
           of
           the
           Right
           of
           the
           Commons
           ,
           took
           no
           effect
           .
        
         
           H.
           3.
           dying
           ,
           the
           Archbishop
           ,
           the
           
             Earl
             of
             Glocester
          
           ,
           and
           others
           of
           the
           Nobility
           ,
           came
           into
           the
           City
           ,
           where
           they
           caused
           E.
           1.
           to
           be
           proclaimed
           King
           ;
           and
           then
           went
           into
           Guildhall
           ,
           where
           a
           
             Common
             Hall
          
           was
           then
           assembled
           ;
           and
           enquiring
           about
           the
           Business
           of
           the
           Mayor
           ,
           the
           Aldermen
           told
           them
           ,
           the
           Matter
           was
           left
           to
           Arbitration
           .
        
         
           The
           Earl
           of
           Glocester
           not
           valuing
           this
           ,
           bids
           them
           hold
           a
           Folkmote
           the
           next
           Day
           at
           St.
           
           Paul's
           Cross
           ;
           and
           he
           should
           be
           the
           Mayor
           to
           whose
           Election
           the
           major
           Part
           of
           the
           City
           should
           assent
           .
        
         
           The
           
             great
             Men
          
           going
           into
           the
           Church
           with
           the
           Aldermen
           ,
           perswaded
           them
           to
           yield
           :
           upon
           which
           Hervey
           was
           declared
           
             Mayor
             before
             all
             the
             People
          
           .
           And
           thus
           were
           they
           in
           full
           Possession
           of
           their
           Right
           ,
           1
           E.
           1.
           
        
         
           That
           this
           People
           who
           had
           the
           Right
           to
           carry
           Elections
           and
           other
           Matters
           in
           Guild-hall
           ,
           or
           their
           Folkmote
           in
           the
           open
           Air
           ,
           were
           the
           Freemen
           ,
           appears
           by
           the
           Words
           of
           some
           of
           their
           Charters
           declaratory
           of
           their
           antient
           Right
           .
           Many
           of
           which
           are
           granted
           to
           the
           Citizens
           ,
           which
           the
           Charter
           pass'd
           in
           Parliament
           1
           E.
           3.
           explains
           ,
           of
           Freemen
           of
           the
           City
           ;
           where
           it
           provides
           ,
           that
           they
           shall
           not
           be
           impleaded
           or
           troubled
           at
           the
           Exchequer
           ,
           or
           elsewhere
           ,
           by
           Bill
           ,
           except
           it
           be
           by
           those
           things
           which
           touch
           the
           King
           and
           his
           Heirs
           .
           And
           how
           careful
           the
           City
           has
           been
           to
           keep
           Foreigners
           from
           partaking
           in
           the
           Privileges
           of
           Freemen
           ,
           appears
           from
           the
           Act
           of
           Common-Hall
           ,
           return'd
           under
           the
           
             Common
             Seal
          
           into
           Parliament
           ,
           *
           12
           E.
           2.
           and
           there
           confirmed
           ;
           whereby
           it
           is
           provided
           ,
           that
           if
           Foreigners
           be
           of
           any
           Mystery
           ,
           they
           shall
           not
           be
           admitted
           into
           the
           Liberty
           of
           the
           City
           without
           Sureties
           of
           six
           honest
           Men
           of
           the
           Mystery
           ,
           for
           their
           indempnifying
           the
           City
           :
           and
           if
           †
           they
           be
           of
           no
           Mystery
           ,
           they
           shall
           not
           be
           admitted
           without
           the
           
             Assent
             of
             the
             Commonalty
             of
             the
             City
             .
          
        
         
           That
           the
           Freemen
           of
           the
           Mysteries
           had
           their
           several
           Gilds
           or
           Halls
           ,
           where
           the
           Society
           or
           Fraternity
           met
           ,
           not
           to
           mention
           more
           Authorities
           ,
           appears
           by
           a
           Charter
           of
           ‖
           E.
           3.
           reciting
           one
           of
           E.
           1.
           which
           recites
           H.
           2
           d's
           granting
           to
           the
           Weavers
           of
           London
           their
           Gild
           ,
           to
           hold
           in
           London
           ,
           with
           all
           Liberties
           and
           Customs
           which
           they
           had
           in
           the
           time
           of
           Henry
           his
           Grandfather
           ,
           which
           was
           H.
           1.
           *
           and
           that
           no
           Man
           ,
           unless
           by
           them
           ,
           should
           within
           the
           City
           meddle
           with
           their
           Ministry
           ,
           unless
           he
           be
           in
           their
           Gild.
           
        
         
           As
           therefore
           the
           Gild
           was
           that
           Company
           ,
           or
           the
           Hall
           where
           the
           Men
           of
           that
           Mystery
           met
           ;
           the
           Common
           Guildhall
           was
           where
           all
           the
           Mysteries
           or
           Companies
           met
           .
        
         
           (
           2.
           )
           That
           whosoever
           are
           legally
           entituled
           to
           the
           
             Common
             Hall
          
           are
           entituled
           to
           all
           the
           Authority
           which
           the
           whole
           Body
           ever
           had
           ,
           especially
           in
           those
           things
           wherein
           the
           present
           Possessors
           exercise
           any
           Authority
           ;
           though
           they
           are
           not
           the
           whole
           Body
           of
           Men
           who
           used
           to
           assemble
           ,
           as
           long
           as
           they
           are
           a
           large
           Part
           of
           that
           Body
           ,
           may
           appear
           .
        
         
           1.
           
           In
           that
           the
           Folkmote
           in
           the
           open
           Air
           ,
           and
           that
           in
           Guildhall
           ,
           were
           antiently
           taken
           to
           be
           of
           the
           same
           Nature
           .
           Accordingly
           ,
           I
           find
           †
           a
           Writ
           to
           the
           
             Mayor
             ,
             Sheriffs
          
           ,
           and
           
             whole
             Commonalty
             of
             the
             City
          
           ,
           requiring
           them
           to
           swear
           Allegiance
           in
           
             their
             Hustings
          
           ,
           or
           at
           
           Paul's
           Cross
           .
        
         
           2.
           
           Guildhall
           has
           ,
           time
           out
           of
           mind
           ,
           been
           the
           *
           Common-Hall
           of
           the
           Citizens
           ;
           and
           the
           Assemblies
           there
           have
           of
           all
           times
           ,
           before
           ‖
           the
           first
           supposed
           Settlement
           of
           the
           
             Livery
             Common-Hall
          
           ,
           and
           since
           †
           ,
           been
           accounted
           the
           Assembly
           of
           all
           the
           Commonalty
           ,
           as
           some
           Entries
           have
           it
           ;
           of
           
             all
             the
             City
          
           ,
           as
           others
           .
        
         
           And
           if
           the
           whole
           City
           can
           regularly
           act
           together
           ,
           it
           is
           absurd
           to
           imagine
           ,
           that
           its
           Acts
           can
           be
           controled
           by
           a
           small
           part
           of
           the
           
             Great
             Body
          
           .
        
         
           3.
           
           The
           chief
           Power
           of
           making
           By-Laws
           for
           the
           Benefit
           of
           a
           City
           ,
           or
           Burrough
           ,
           is
           an
           Incident
           to
           the
           having
           a
           Gild
           ,
           or
           Common-Hall
           .
        
         
           Accordingly
           in
           the
           *
           Reign
           of
           H.
           2.
           the
           Archbishop
           of
           York
           ,
           by
           the
           Counsel
           of
           his
           Barons
           ,
           granted
           to
           the
           Men
           of
           Beverlay
           in
           Yorkshire
           †
           their
           Hanse
           ;
           that
           
             there
             they
             may
             treat
             of
             their
             Statutes
          
           for
           the
           Honour
           of
           God
           and
           St.
           John
           ,
           and
           the
           Canons
           ,
           and
           for
           the
           
             bettering
             the
             whole
             Town
          
           ;
           with
           the
           same
           kind
           of
           Liberty
           as
           they
           of
           York
           have
           in
           their
           Hanse
           .
        
         
           H.
           2.
           ‖
           confirming
           this
           ,
           grants
           to
           
             the
             Men
          
           of
           
             Beverlay
             free
             Burgage
          
           ,
           according
           to
           the
           free
           Laws
           and
           Customs
           of
           the
           Burgesses
           of
           York
           ,
           and
           their
           Gild
           of
           Merchants
           .
        
         
           So
           that
           Gild
           is
           the
           same
           with
           Hanse
           ;
           and
           Hanse
           ,
           as
           Bertius
           *
           tells
           us
           ,
           in
           the
           old
           
             German
             Tongue
          
           signifies
           a
           League
           or
           Council
           .
           According
           to
           this
           ,
           in
           a
           Case
           which
           I
           shall
           have
           another
           Occasion
           to
           mention
           ,
           the
           turning
           out
           of
           the
           
             Council
             of
             the
             Citizens
          
           was
           the
           turning
           out
           of
           the
           Gild
           ,
           and
           that
           was
           plainly
           a
           Disfranchisement
           .
        
         
           4
           Such
           of
           the
           Commons
           as
           have
           from
           time
           to
           time
           assembled
           in
           the
           Common-Hall
           ,
           have
           ,
           with
           others
           ,
           been
           a
           true
           
             Common-Council
             of
             the
             City
          
           ,
           and
           acted
           as
           such
           since
           their
           Numbers
           have
           been
           restrained
           ,
           as
           well
           as
           before
           .
        
         
         
           It
           must
           be
           observed
           ,
           that
           the
           City
           had
           ,
           or
           made
           ,
           a
           Common-Council
           before
           any
           such
           Restraint
           ;
           which
           is
           plainly
           intimated
           in
           
             Magna
             Charta
          
           ,
           †
           17
           of
           K.
           John
           :
           which
           mentioning
           a
           Common-Council
           of
           the
           Kingdom
           (
           whether
           only
           for
           Aids
           belonging
           to
           Tenure
           of
           the
           Crown
           ,
           or
           such
           a
           Common-Council
           as
           the
           Cities
           ,
           Boroughs
           and
           Villages
           were
           at
           in
           Person
           or
           by
           Representation
           ,
           which
           D.
           ‖
           Brady
           at
           last
           yields
           ,
           need
           not
           here
           be
           determined
           )
           adds
           ,
           
             In
             like
             manner
             let
             it
             be
             concerning
             the
             City
             of
          
           London
           ,
           that
           is
           ,
           that
           the
           Cities
           Aids
           shall
           be
           taxed
           in
           its
           Common-Council
           .
           *
           Sutably
           to
           this
           ,
           11
           H.
           3.
           a
           Tallage
           was
           assessed
           in
           the
           City
           ,
           by
           the
           Will
           of
           all
           the
           Barons
           or
           Citizens
           .
           And
           thus
           the
           Commonalty
           of
           London
           ,
           in
           the
           time
           of
           †
           Edw.
           1.
           plead
           that
           the
           Citizens
           ,
           and
           their
           Heirs
           and
           Successors
           may
           ,
           
             for
             the
             Necessity
          
           or
           
             Profit
             of
             the
             City
          
           ,
           among
           themselves
           ,
           by
           
             their
             common
             Assent
          
           ,
           assess
           and
           raise
           Tallages
           without
           troubling
           the
           King.
           
        
         
           So
           ‖
           Ipswich
           ,
           not
           to
           name
           other
           Burroughs
           ,
           had
           its
           Common-Council
           of
           the
           Town
           ,
           &c.
           
        
         
           And
           25
           H.
           3.
           
           I
           find
           the
           Choice
           of
           Sheriffs
           in
           London
           by
           the
           
             Common
             Counsel
          
           and
           Assent
           of
           the
           honest
           Men
           of
           the
           City
           .
        
         
           The
           Hustings
           I
           find
           to
           be
           the
           Court
           of
           these
           
             honest
             Men
          
           ;
           there
           they
           joined
           with
           the
           Mayor
           and
           Aldermen
           in
           the
           Grants
           of
           City-Land
           ;
           were
           Judges
           at
           Trials
           ,
           and
           Parties
           in
           the
           making
           By-Laws
           .
           Prosecutions
           for
           Offences
           against
           the
           Rights
           of
           the
           City
           were
           in
           their
           Name
           :
           And
           Quo
           Warranto's
           upon
           supposed
           Abuses
           of
           their
           Liberties
           were
           brought
           against
           them
           :
           And
           therefore
           they
           not
           being
           represented
           by
           the
           Common-Council
           ,
           now
           using
           that
           Name
           ;
           those
           two
           
             great
             Ornaments
          
           of
           their
           Profession
           ,
           the
           late
           and
           
             present
             Chief
             Justices
             of
             the
             Common
             Pleas
             ,
          
           maintained
           ,
           with
           the
           Strength
           inseperable
           from
           their
           Arguments
           ;
           that
           no
           Act
           of
           the
           present
           Common-Council
           could
           be
           a
           Forfeiture
           of
           the
           City-Charter
           .
        
         
           Indeed
           as
           the
           Clerks
           generally
           favoured
           the
           Prerogative
           ,
           often
           exercised
           
             by
             the
             Chair
          
           ,
           with
           the
           Advice
           of
           private
           Cabals
           ;
           I
           find
           a
           Mayor
           ,
           47
           H.
           3.
           blamed
           for
           making
           the
           Aldermen
           and
           great
           Men
           useless
           ,
           while
           he
           did
           nothing
           without
           the
           Assent
           of
           the
           Commonalty
           .
        
         
           That
           they
           acted
           as
           a
           Council
           ,
           and
           exercised
           a
           judicial
           Power
           at
           the
           Hustings
           ,
           after
           that
           time
           ,
           I
           might
           shew
           by
           numerous
           Instances
           ,
           but
           shall
           here
           content
           my self
           with
           one
           ,
           3
           E.
           1.
           *
           which
           was
           in
           the
           Judgment
           against
           Hervey
           above-mentioned
           ;
           who
           ,
           though
           he
           was
           the
           Darling
           of
           the
           People
           when
           he
           was
           chosen
           Chief
           Magistrate
           ,
           was
           soon
           overcome
           with
           the
           Infection
           of
           the
           Chair
           .
        
         
           Some
           time
           after
           his
           Mayoralty
           ,
           the
           Mayor
           and
           †
           Citizens
           having
           met
           in
           Guildhall
           for
           
             trying
             Common
             Pleas
          
           ;
           a
           Dispute
           arose
           before
           all
           the
           People
           between
           Hervey
           and
           the
           then
           Mayor
           ,
           and
           it
           seems
           
           Hervey's
           Party
           there
           was
           then
           the
           strongest
           ;
           for
           the
           Mayor
           found
           himself
           obliged
           to
           withdraw
           ,
           and
           make
           Complaint
           to
           the
           King.
           
        
         
           The
           ‖
           next
           Day
           the
           Mayor
           and
           Citizens
           returning
           to
           Guildhall
           ,
           to
           
             finish
             the
             Pleas
             depending
             before
             them
          
           ;
           a
           Roll
           was
           shewn
           ,
           and
           read
           
             before
             all
             the
             People
          
           ,
           containing
           several
           notorious
           Articles
           of
           
           Hervey's
           Presumptions
           ;
           one
           of
           which
           was
           ,
           that
           in
           the
           time
           of
           *
           his
           Mayoralty
           he
           acted
           contrary
           to
           the
           Ordinances
           made
           by
           the
           Aldermen
           and
           
             discreet
             Men
          
           of
           the
           City
           .
           Another
           was
           ,
           that
           he
           used
           the
           
             Common
             Seal
          
           ,
           which
           was
           in
           his
           Custody
           ,
           without
           the
           Assent
           of
           the
           Aldermen
           [
           and
           others
           :
           ]
           which
           others
           ,
           as
           I
           could
           shew
           ,
           were
           to
           be
           particularly
           chosen
           by
           the
           Common-Hall
           ,
           for
           that
           purpose
           .
           For
           these
           Offences
           ,
           among
           others
           ,
           †
           
             against
             the
             whole
             Commonalty
             of
             the
             City
             ,
          
           and
           
             contrary
             to
             his
             Oath
          
           ,
           he
           was
           
             judicially
             degraded
          
           from
           his
           Aldermanship
           ,
           and
           ‖
           for
           ever
           incapacitated
           to
           be
           of
           the
           
             Council
             of
             the
             Citizens
          
           :
           which
           was
           plainly
           a
           depriving
           him
           of
           his
           former
           Right
           of
           voting
           in
           Gildhall
           ;
           and
           indeed
           a
           Disfranchisement
           ,
           as
           it
           turn'd
           him
           out
           of
           the
           Gild.
           And
           thus
           I
           *
           find
           Privileges
           in
           Canterbury
           granted
           to
           all
           the
           Burgesses
           of
           the
           Gild
           of
           Merchants
           .
        
         
           5.
           
           The
           present
           Possession
           of
           the
           Common-Hall
           is
           or
           must
           be
           agreed
           to
           be
           a
           
             legal
             Possession
          
           :
           and
           therefore
           in
           all
           things
           which
           they
           have
           not
           parted
           with
           ,
           the
           Possessors
           are
           the
           
             legal
             Successors
          
           to
           them
           who
           exercised
           Power
           in
           greater
           Numbers
           .
        
         
           6.
           
           Even
           when
           those
           Numbers
           could
           regularly
           meet
           ,
           they
           were
           concluded
           by
           such
           a
           Number
           as
           came
           upon
           general
           Notice
           ,
           though
           the
           Number
           which
           met
           were
           very
           small
           ;
           according
           to
           the
           Resolution
           ,
           33
           Eliz.
           †
           in
           the
           Case
           of
           the
           Vestry
           of
           St.
           
           Saviour's
           in
           Southwark
           .
        
         
           7.
           
           ‖
           Though
           it
           may
           be
           proved
           that
           the
           great
           Barons
           in
           Parliament
           were
           antiently
           only
           those
           who
           held
           by
           Baronies
           ,
           or
           were
           created
           in
           Parliament
           ;
           yet
           those
           who
           have
           been
           made
           Peers
           by
           Patent
           or
           Writ
           ,
           succeed
           to
           the
           same
           Jurisdiction
           ;
           as
           they
           are
           possessed
           of
           the
           same
           House
           which
           the
           Lords
           formerly
           had
           .
        
         
           8.
           
           A
           Corporation
           by
           one
           Name
           is
           entituled
           to
           the
           prescriptional
           Rights
           which
           that
           City
           or
           Town
           had
           by
           another
           Name
           .
        
         
           And
           thus
           it
           was
           held
           ,
           that
           though
           the
           *
           Town
           of
           Colchester
           was
           incorporated
           by
           the
           Name
           of
           Bayliffs
           and
           Commonalty
           ;
           the
           Mayor
           and
           Commonalty
           might
           prescribe
           to
           the
           antient
           Customs
           of
           that
           Town
           .
        
         
         
           That
           the
           Livery-men
           have
           such
           a
           Right
           to
           the
           Common-Hall
           ,
           appears
           by
           their
           long
           Possession
           ;
           for
           which
           ,
           according
           to
           the
           Resolutions
           of
           Judges
           before-mentioned
           ,
           we
           are
           to
           presume
           ,
           that
           there
           had
           been
           the
           express
           Assent
           of
           the
           Body
           of
           Freemen
           ,
           or
           of
           such
           of
           them
           as
           met
           upon
           a
           general
           Summons
           .
        
         
           If
           I
           shew
           an
           Act
           of
           Common-Hall
           ,
           as
           antient
           as
           the
           Time
           of
           E.
           3.
           for
           the
           Mysteries
           to
           chuse
           such
           as
           should
           represent
           the
           Commons
           ,
           which
           I
           shall
           have
           Occasion
           to
           shew
           under
           the
           next
           Head
           ;
           if
           we
           find
           that
           they
           had
           been
           represented
           in
           Common-Hall
           ,
           by
           the
           Mysteries
           ,
           before
           that
           Time
           ,
           and
           downwards
           to
           this
           Day
           ;
           and
           no
           Act
           of
           Common-Council
           ,
           or
           Common-Hall
           ,
           will
           appear
           to
           have
           first
           settled
           the
           Right
           of
           Elections
           in
           the
           Livery-men
           of
           the
           Mysteries
           ;
           then
           it
           will
           be
           evident
           ,
           that
           tho
           Originally
           the
           Mysteries
           might
           have
           been
           represented
           by
           such
           as
           they
           should
           chuse
           ,
           from
           time
           to
           time
           ;
           It
           is
           to
           be
           presumed
           ,
           that
           they
           agreed
           to
           be
           represented
           by
           the
           Livery-men
           ,
           as
           a
           standing
           Representative
           .
        
         
           8
           E.
           2.
           above
           30
           Years
           before
           the
           Pretence
           to
           any
           Act
           of
           Common-Council
           ,
           or
           Common-Hall
           ,
           which
           may
           be
           thought
           to
           restrain
           the
           Freemen
           from
           the
           exercice
           of
           the
           Power
           originally
           vested
           in
           them
           ;
           
           I
           find
           a
           Writ
           to
           prohibit
           the
           Multitude
           from
           meeting
           to
           chuse
           a
           Mayor
           ,
           and
           Sheriffs
           ,
           alledging
           ,
           that
           such
           Elections
           
             for
             Times
             past
          
           ,
           us'd
           to
           be
           made
           by
           
             the
             more
             discreet
             Men
             of
             the
          
           City
           ,
           
             especially
             summon'd
          
           :
           But
           then
           ,
           lest
           this
           
             special
             Summons
          
           should
           seem
           at
           the
           Discretion
           of
           the
           Mayor
           ,
           and
           Aldermen
           ,
           it
           forbids
           all
           to
           meet
           ,
           unless
           specially
           summon'd
           ,
           or
           [
           
             at
             the
             Time
             bound
             to
             come
          
           ]
           .
        
         
           And
           a
           Proclamation
           which
           was
           publish'd
           in
           the
           City
           ,
           in
           pursuance
           of
           that
           Writ
           ,
           
           says
           ,
           That
           no
           Man
           ,
           upon
           pain
           of
           Imprisonment
           ,
           shall
           come
           to
           any
           Election
           ,
           but
           
             Mayor
             ,
             Sheriff
             ,
             Alderman
          
           ,
           and
           other
           good
           People
           of
           the
           chief
           of
           the
           City
           ,
           who
           by
           the
           
             Mysteries
             ,
             are
             especially
             summon'd
          
           to
           come
           thither
           ;
           or
           to
           whom
           it
           belongs
           to
           be
           there
           .
        
         
           These
           Representatives
           of
           the
           Mysteries
           ,
           according
           to
           what
           I
           have
           before
           observed
           of
           the
           legal
           Possession
           of
           the
           Common-Hall
           ,
           are
           to
           be
           supposed
           to
           have
           been
           the
           Livery-men
           ,
           and
           none
           others
           :
           but
           because
           the
           Partiality
           of
           the
           Masters
           and
           Wardens
           might
           occasion
           the
           not
           summoning
           some
           of
           the
           Livery-men
           ;
           therefore
           there
           is
           Liberty
           left
           for
           them
           who
           had
           Right
           ,
           to
           come
           ,
           though
           not
           summoned
           .
        
         
           That
           they
           and
           none
           others
           had
           this
           Right
           ,
           will
           further
           appear
           when
           I
           come
           to
           prove
           ,
           that
           no
           Act
           can
           be
           found
           ,
           from
           whence
           their
           Right
           ,
           exclusive
           of
           others
           ,
           is
           or
           could
           be
           derived
           ,
           or
           so
           much
           as
           occasioned
           .
        
         
           3.
           
           That
           a
           Representation
           of
           the
           Commons
           by
           the
           Mysteries
           was
           settled
           in
           the
           Council-Chamber
           ,
           with
           Authority
           to
           make
           By-laws
           ,
           
           before
           any
           Common-Council
           of
           the
           present
           Form
           had
           any
           such
           Authority
           ;
           And
           however
           ,
           that
           the
           very
           Being
           of
           a
           Council
           of
           the
           present
           Form
           was
           soon
           taken
           away
           by
           Act
           of
           Common-Hall
           ;
           and
           a
           Representation
           by
           the
           Mysteries
           settled
           in
           their
           Places
           with
           greater
           Authority
           ,
           will
           appear
           very
           evidently
           .
        
         
           I
           must
           agree
           ,
           that
           20
           E.
           3.
           it
           was
           ordered
           by
           the
           Common-Hall
           ,
           
           
             That
             every
             Alderman
             ,
             at
             the
             holding
             of
             his
             Wardmote
             yearly
             ,
             should
             cause
             8
             ,
             6
             or
             4
             of
             the
             ablest
             and
             wisest
             of
             his
             Ward
             to
             be
             chosen
             ,
             
               to
               treat
               of
               the
               Affairs
               concerning
               the
               Commonalty
               of
               the
               City
               .
            
          
        
         
           But
           upon
           this
           it
           is
           observable
           .
        
         
           1.
           
           That
           though
           according
           to
           the
           Lord
           Coke
           the
           Wardmote
           is
           of
           the
           Nature
           of
           an
           Hundred
           Court
           ;
           that
           is
           ,
           in
           relation
           to
           the
           Districts
           or
           Divisions
           of
           the
           City
           ,
           and
           chiefly
           as
           to
           the
           Returns
           of
           Juries
           ;
           but
           in
           Relation
           to
           the
           present
           Debate
           ,
           
           it
           is
           more
           fully
           of
           the
           Nature
           of
           a
           
             Court
             Leet
          
           ,
           where
           all
           Resiants
           are
           obliged
           to
           attend
           ,
           and
           upon
           the
           Account
           of
           Resiancy
           are
           to
           bear
           Offices
           ;
           and
           contribute
           in
           several
           things
           together
           with
           the
           Citizens
           ,
           who
           in
           this
           Respect
           are
           as
           the
           Barons
           or
           Free-Tenents
           of
           a
           Mannor
           .
        
         
           Wherefore
           this
           Order
           does
           not
           restrain
           Foreigners
           from
           being
           Electors
           ,
           or
           elected
           .
        
         
           2.
           
           This
           is
           not
           said
           to
           be
           appointed
           for
           the
           Common-Council
           of
           the
           City
           ;
           but
           in
           truth
           the
           Common-Hall
           ,
           as
           they
           were
           before
           ,
           then
           continued
           the
           only
           Common-Council
           .
        
         
           Nor
           ,
           taking
           the
           Original
           Entry
           of
           that
           Order
           to
           import
           more
           than
           [
           Affairs
           ]
           ,
           does
           the
           treating
           of
           [
           the
           Affairs
           ]
           concerning
           the
           Commonalty
           ,
           in
           this
           Place
           imply
           more
           than
           such
           Affairs
           as
           concern
           them
           ,
           according
           to
           their
           Divisions
           by
           Wards
           ,
           in
           the
           Choice
           of
           Constables
           ,
           or
           the
           like
           ;
           or
           the
           assessing
           of
           Aids
           and
           Tallages
           :
           for
           which
           Purpose
           I
           find
           certain
           Numbers
           in
           every
           Ward
           ,
           appointed
           very
           antiently
           ,
           before
           there
           is
           the
           least
           Pretence
           of
           the
           Settlement
           of
           any
           other
           Common-Council
           besides
           the
           Common-Hall
           .
        
         
           But
           it
           is
           far
           from
           appearing
           ,
           that
           the
           Men
           of
           the
           Wards
           appointed
           to
           treat
           of
           Affairs
           ,
           20
           E.
           3.
           were
           to
           treat
           of
           such
           as
           concerned
           the
           Commonalty
           ,
           as
           divided
           or
           acting
           by
           Mysteries
           :
           Or
           ,
           however
           ,
           if
           the
           treating
           of
           Affairs
           extends
           to
           all
           the
           Affairs
           of
           the
           City
           ;
           it
           can
           here
           imply
           no
           more
           than
           treating
           of
           them
           by
           way
           of
           Advice
           ,
           to
           that
           supreme
           Power
           in
           the
           City
           which
           made
           them
           what
           they
           were
           ,
           and
           divested
           it self
           of
           
           no
           Authority
           :
           nor
           indeed
           could
           any
           form
           of
           Words
           have
           passed
           away
           the
           Authority
           of
           that
           ,
           much
           less
           of
           succeeding
           Common-Halls
           .
        
         
           And
           it
           is
           certain
           ,
           that
           antiently
           whatever
           Power
           the
           Common-Hall
           placed
           elsewhere
           ,
           they
           never
           thought
           it
           abridg'd
           their
           own
           Power
           :
           of
           which
           I
           shall
           give
           a
           considerable
           Instance
           .
        
         
           
           21
           E.
           1.
           
           The
           Commonalty
           of
           the
           City
           in
           their
           several
           Wards
           chose
           their
           Aldermen
           freely
           and
           with
           full
           Consent
           ;
           and
           presented
           them
           to
           the
           Custos
           then
           over
           them
           ,
           in
           this
           form
           .
        
         
           
             That
             all
             and
             singular
             the
             Things
             which
             the
             said
             Aldermen
             of
             their
             Counsel
             and
             Discretion
             ,
             with
             the
             Custos
             ,
             and
             Superiour
             for
             the
             time
             being
             ,
             should
             make
             and
             ordain
             to
             be
             firmly
             observed
             ;
             for
             the
             Government
             of
             the
             City
             ,
             and
             for
             keeping
             the
             King's
             Peace
             ;
             and
             for
             [
             other
             Provisions
             touching
             the
             
               Commonalty
               of
               the
               City
            
             ,
             ]
             they
             will
             
               hold
               ratified
               and
               firm
               ,
               without
               Challenge
               or
               Reclaim
               for
               the
               future
            
             to
             be
             made
             .
             And
             also
             every
             Ward
             chose
             its
             Alderman
             ,
             for
             whom
             as
             to
             his
             Deeds
             touching
             the
             City
             and
             Commonalty
             ,
             and
             State
             of
             the
             same
             ,
             they
             will
             answer
             .
          
        
         
           Notwithstanding
           the
           Power
           so
           amply
           conferr'd
           upon
           those
           Aldermen
           ,
           they
           did
           not
           pretend
           to
           use
           the
           
             common
             Seal
          
           without
           the
           express
           Consent
           of
           those
           who
           set
           them
           up
           ,
           and
           could
           then
           pull
           them
           down
           at
           pleasure
           ,
           at
           least
           at
           the
           Year's
           end
           .
           That
           very
           day
           after
           the
           Commons
           had
           presented
           their
           Aldermen
           in
           Common-Hall
           ,
           a
           Grant
           of
           City-Land
           pass'd
           with
           the
           
             common
             Assent
          
           ,
           
           and
           Consent
           of
           all
           then
           present
           .
        
         
           And
           that
           the
           Common-Hall
           thought
           themselves
           in
           full
           Possession
           of
           their
           Power
           ,
           notwithstanding
           the
           Ordinance
           they
           had
           made
           20
           E.
           3.
           for
           some
           to
           Treat
           about
           their
           Affairs
           ;
           appears
           in
           that
           they
           being
           found
           useless
           ,
           or
           too
           assuming
           ;
           the
           
             Mayor
             ,
             Aldermen
          
           and
           Commons
           ,
           who
           seem
           to
           have
           turn'd
           them
           off
           *
           before
           ;
           within
           23
           or
           24
           Years
           after
           they
           had
           received
           them
           into
           their
           Service
           ,
           and
           28
           or
           29
           Years
           after
           the
           
           City's
           Power
           of
           making
           By-Laws
           was
           first
           expresly
           affirmed
           by
           Charter
           ;
           referring
           †
           to
           that
           Grant
           ,
           by
           
             common
             Assent
          
           ,
           agree
           upon
           a
           method
           for
           putting
           it
           in
           Execution
           :
           but
           till
           then
           seem
           never
           to
           have
           exercised
           that
           Power
           otherwise
           than
           in
           Common-Hall
           :
           Then
           the
           Mayor
           and
           
             Aldermen
             [
             by
             the
             Assent
             of
             all
             the
             Commons
             ]
             Ordain
             ,
             and
             firmly
             establish
             for
             ever
             ,
          
           as
           the
           most
           convenient
           manner
           they
           could
           find
           ,
           to
           debate
           of
           the
           Mischiefs
           which
           had
           at
           that
           time
           been
           complained
           of
           ;
           and
           to
           eschew
           all
           Suspitions
           ,
           and
           
             outragious
             Tumults
          
           ,
           which
           often
           happen'd
           to
           
             great
             Assemblies
          
           ;
           that
           every
           Year
           against
           the
           day
           that
           the
           new
           Mayor
           shall
           be
           sworn
           ,
           the
           Surveyors
           of
           every
           
             sufficient
             Mystery
          
           of
           the
           City
           shall
           assemble
           the
           Mysteries
           each
           by
           it self
           ,
           where
           they
           shall
           please
           ;
           and
           *
           
             they
             shall
             chuse
             certain
             Persons
             in
             whom
             the
             Mysteries
             shall
             hold
             themselves
             content
             ,
          
           with
           whatever
           shall
           by
           the
           Mayor
           ,
           the
           Aldermen
           ,
           and
           
             these
             chosen
          
           ,
           be
           assented
           and
           
             ordained
             in
             the
             Guild-Hall
          
           ;
           and
           that
           
             these
             chosen
          
           and
           
             none
             others
          
           ,
           be
           summon'd
           to
           the
           Election
           of
           Mayor
           ,
           and
           Sheriffs
           ;
           and
           also
           at
           all
           times
           that
           any
           matter
           shall
           be
           touched
           at
           
             Guild-Hall
             ,
             for
             which
             they
             ought
             to
             assemble
             and
             take
             Counsel
             of
             the
             Commons
             .
          
        
         
           Hence
           it
           appears
           ;
        
         
           1.
           
           That
           this
           Provision
           agrees
           with
           what
           was
           8
           E.
           2.
           affirm'd
           to
           have
           been
           the
           Custom
           then
           :
           so
           that
           this
           was
           but
           in
           Affirmance
           of
           the
           Custom
           .
        
         
           2.
           
           That
           the
           Commons
           in
           Person
           ,
           or
           by
           Representation
           ,
           made
           a
           Council
           ;
           or
           Counsel
           was
           to
           be
           taken
           of
           them
           ;
           which
           comes
           to
           the
           same
           thing
           .
        
         
           3.
           
           That
           whatever
           Representation
           may
           have
           been
           at
           some
           times
           ,
           by
           certain
           Numbers
           out
           of
           the
           Wards
           ,
           or
           any
           other
           way
           ;
           the
           settled
           Representation
           was
           by
           the
           Mysteries
           or
           Companies
           :
           and
           this
           amounted
           to
           a
           Repeal
           of
           all
           former
           Acts
           which
           might
           have
           placed
           this
           in
           others
           .
        
         
           4.
           
           That
           they
           who
           were
           entituled
           to
           the
           Common-Hall
           for
           Elections
           ,
           were
           to
           the
           Council-Chamber
           for
           making
           By-Laws
           .
        
         
           
           Thus
           it
           continued
           50
           E.
           3.
           when
           the
           Commons
           having
           by
           their
           
             Common
             Sergeant
          
           complain'd
           ,
           that
           the
           Mayors
           us'd
           to
           call
           together
           such
           
             mean
             People
          
           as
           depended
           upon
           them
           ,
           and
           to
           pretend
           that
           what
           was
           done
           at
           such
           Meetings
           was
           
             with
             the
             Assent
             of
             the
             Commons
             :
          
           the
           Mayor
           ,
           by
           Advice
           of
           several
           principal
           Citizens
           ,
           summon'd
           the
           Mysteries
           ,
           according
           to
           the
           Order
           of
           43
           or
           44
           E.
           3.
           
           They
           meeting
           in
           great
           Numbers
           ,
           the
           like
           Order
           as
           the
           former
           ,
           and
           with
           the
           like
           Recital
           ,
           was
           made
           by
           the
           Mayor
           and
           Aldermen
           ,
           with
           the
           
             Assent
             of
             all
             the
             Commonalty
          
           .
        
         
           Indeed
           ,
           they
           particularly
           provide
           ,
           that
           at
           their
           Assemblies
           to
           treat
           and
           consult
           of
           the
           
             common
             Business
          
           of
           the
           City
           ,
           no
           Action
           shall
           be
           try'd
           before
           them
           ,
           if
           it
           does
           not
           touch
           at
           least
           an
           entire
           Ward
           ,
           or
           a
           whole
           Mystery
           .
        
         
           And
           they
           restrain
           the
           Mysteries
           to
           a
           certain
           number
           of
           Representatives
           ,
           providing
           that
           the
           
             greater
             Mysteries
          
           shall
           not
           send
           more
           than
           six
           ,
           the
           less
           than
           four
           ,
           and
           the
           least
           but
           two
           :
           But
           this
           was
           looked
           upon
           as
           too
           great
           a
           Restraint
           of
           Common-Right
           ;
           and
           therefore
           was
           never
           followed
           .
        
         
         
           A
           *
           Council
           being
           holden
           in
           the
           City
           9
           R.
           2.
           about
           the
           Case
           of
           one
           John
           of
           Northampton
           ,
           there
           met
           13
           of
           the
           Ward
           of
           Cordwayner-street
           .
        
         
           And
           I
           find
           it
           upon
           †
           Record
           ,
           to
           have
           been
           one
           of
           the
           Articles
           in
           an
           Appeal
           brought
           against
           him
           ,
           that
           against
           the
           meeting
           of
           every
           Common-Council
           in
           his
           Mayoralty
           ,
           he
           caused
           a
           Man
           or
           two
           that
           for
           that
           Year
           was
           chosen
           to
           be
           in
           the
           Common-Council
           of
           the
           Crafts
           which
           held
           with
           him
           ,
           to
           meet
           at
           a
           Tavern
           to
           prepare
           Matters
           for
           their
           carrying
           his
           Designs
           with
           one
           Voice
           at
           the
           Common-Council
           .
           And
           that
           in
           an
           Assembly
           at
           Goldsmiths
           Hall
           he
           caused
           Persons
           of
           
             divers
             Crafts
          
           more
           than
           were
           enter'd
           for
           the
           Common-Council
           ,
           to
           be
           ‖
           called
           at
           the
           day
           of
           Election
           
             into
             the
             Common-Council
          
           ,
           to
           help
           his
           Election
           .
           Which
           not
           only
           shews
           that
           the
           Common-Council
           at
           that
           time
           was
           ,
           as
           it
           is
           elsewhere
           call'd
           in
           those
           Articles
           ,
           the
           Common-Council
           of
           Crafts
           ;
           but
           that
           they
           who
           made
           the
           Elections
           in
           Common-Hall
           made
           Ordinances
           in
           the
           Council-Chamber
           (
           tho
           as
           it
           will
           appear
           they
           were
           to
           be
           ratified
           in
           Common-Hall
           ,
           or
           else
           had
           no
           force
           :
           )
           And
           that
           they
           were
           not
           confin'd
           to
           a
           certain
           number
           according
           to
           the
           Ordinance
           50
           E
           3.
           or
           that
           7
           R.
           2.
           which
           I
           shall
           soon
           consider
           .
           And
           argues
           strongly
           that
           those
           who
           were
           then
           brought
           upon
           the
           Livery
           ,
           tho
           not
           before
           return'd
           ,
           were
           held
           to
           have
           Right
           to
           be
           at
           the
           Elections
           ,
           and
           Common-Councils
           .
        
         
           And
           it
           appears
           by
           most
           Entries
           concerning
           Elections
           from
           those
           times
           downwards
           to
           the
           present
           time
           ;
           that
           tho
           Orders
           have
           been
           made
           to
           keep
           some
           Elections
           within
           the
           Council-Chamber
           ;
           those
           Orders
           have
           been
           look'd
           on
           as
           absolutely
           void
           ,
           and
           the
           Elections
           have
           been
           made
           by
           great
           multitudes
           ,
           or
           the
           immense
           Community
           ,
           as
           often
           stiled
           ▪
           nor
           has
           the
           Common-Council
           assembled
           in
           the
           Council-Chamber
           kept
           within
           the
           number
           appointed
           by
           former
           Ordinances
           .
        
         
           But
           it
           is
           observable
           ,
           
           that
           in
           H.
           6
           
           th's
           time
           the
           Common-Council
           is
           called
           
             Commune
             Concilium
             Ministratorum
          
           ,
           that
           is
           ,
           of
           those
           who
           exercised
           the
           Ministeries
           or
           Mysteries
           ,
           as
           a
           Trade
           is
           call'd
           in
           H.
           2
           
           d's
           Charter
           to
           the
           Weavers
           Company
           .
        
         
           And
           it
           will
           appear
           by
           the
           By-Laws
           7
           and
           15
           E.
           4.
           that
           the
           Common-Council
           then
           consisted
           of
           the
           Mysteries
           ;
           that
           is
           ,
           as
           the
           Ordinance
           15
           E.
           4.
           explains
           it
           ,
           
           the
           Livery-Men
           of
           the
           Mysteries
           .
           
        
         
           And
           6
           H.
           7.
           
           I
           find
           the
           Common-Council
           called
           the
           Common-Council
           of
           the
           Wardens
           ,
           and
           other
           honest
           Men
           of
           all
           the
           Mysteries
           .
        
         
           According
           to
           which
           Instances
           it
           seems
           the
           Council
           appointed
           7
           R.
           2.
           was
           very
           short-liv'd
           :
           and
           the
           present
           Common-Council
           must
           date
           it self
           from
           after
           the
           6
           
             th
             H.
          
           7.
           
        
         
           4.
           
           But
           whosoever
           are
           entituled
           to
           the
           Council-Chamber
           ;
           that
           the
           Council
           there
           is
           a
           meer
           Creature
           of
           the
           Common-Hall
           ,
           and
           in
           the
           nature
           of
           a
           Committee
           entrusted
           with
           the
           dispatch
           of
           some
           things
           ,
           and
           the
           preparing
           others
           in
           Ease
           of
           the
           Common-Hall
           ;
           
           and
           that
           they
           cannot
           deprive
           the
           Common-Hall
           of
           any
           Right
           ;
           may
           appear
           beyond
           Contradiction
           ,
           if
           we
           consider
           ,
        
         
           1.
           
           The
           only
           Foundation
           upon
           which
           the
           present
           Common-Council
           now
           stands
           .
        
         
           2.
           
           The
           nature
           of
           the
           Power
           of
           making
           By-Laws
           ;
           and
           some
           particular
           Evidences
           that
           that
           Power
           is
           subject
           to
           the
           Controll
           of
           the
           Common-Hall
           .
        
         
           (
           1.
           )
           Some
           have
           supposed
           the
           present
           Common-Council
           to
           have
           had
           its
           Establishment
           and
           Settlement
           20
           E.
           3.
           the
           contrary
           of
           which
           has
           appeared
           .
           
           But
           the
           true
           Foundation
           of
           such
           a
           sort
           of
           Establishment
           as
           it
           has
           ,
           was
           the
           Act
           of
           Common-Hall
           ,
           7
           R.
           2.
           in
           the
           infamous
           Mayoralty
           of
           Brember
           ,
           when
           John
           of
           Northampton
           before
           mentioned
           was
           ruined
           ,
           for
           standing
           up
           for
           the
           Rights
           of
           the
           City
           ;
           in
           which
           he
           was
           *
           afterwards
           justified
           by
           Act
           of
           Parliament
           .
           Whereupon
           all
           the
           Ordinances
           made
           against
           him
           in
           the
           City
           were
           repealed
           by
           †
           the
           then
           Common-Council
           .
        
         
           The
           Act
           which
           gives
           some
           sort
           of
           Settlement
           to
           this
           Common-Council
           is
           as
           follows
           .
        
         
           
             On
             Friday
             next
             before
             the
             Feast
             of
             the
             Purification
             of
             the
             blessed
             
               Virgin
               Mary
            
             ,
             in
             the
             7
             th
             Year
             of
             the
             Reign
             of
             King
             Richard
             II.
             in
             the
             Presence
             of
             the
             
               Mayor
               ,
               Aldermen
            
             ,
             and
             the
             
               immense
               Community
            
             ‖
             of
             the
             honest
             and
             discreet
             Men
             of
             the
             said
             City
             ,
             
               in
               Guildhall
               ,
               for
               diverse
               Affairs
               touching
               the
               said
               City
               assembled
            
             ;
             the
             under-written
             *
             Petitions
             by
             the
             
               honest
               Men
            
             of
             the
             City
             before
             ,
             by
             the
             
               Mayor
               ,
               Aldermen
            
             ,
             and
             
               Commonalty
               ,
               chosen
            
             and
             assign'd
             †
             
               to
               ordain
            
             with
             mature
             Deliberation
             ,
             how
             Judgments
             in
             times
             past
             in
             the
             Common-Council
             of
             the
             said
             City
             given
             and
             made
             were
             made
             by
             Noise
             more
             than
             by
             Reason
             ,
             and
             sometimes
             by
             Men
             less
             sufficient
             deputed
             to
             the
             said
             Common-Council
             :
             for
             the
             taking
             which
             away
             ,
             the
             said
             
               honest
               Men
            
             ,
             in
             the
             
               said
               Assembly
            
             ,
             with
             full
             Deliberation
             ordained
             the
             said
             underwritten
             Ordinances
             ,
             and
             caus'd
             them
             to
             be
             read
             in
             form
             following
             ,
          
        
         
           
             ‖
             For
             as
             much
             as
             by
             Complaint
             of
             many
             
               honest
               Men
            
             of
             the
             Town
             ,
             made
             to
             the
             Mayor
             that
             now
             is
             ,
             how
             divers
             times
             in
             the
             Counseils
             used
             within
             the
             Hall
             and
             
               Chambers
               of
               the
               Guyhalde
            
             ,
             great
             Rumour
             and
             Peril
             had
             been
             perceived
             ,
             as
             well
             by
             
               great
               Assemblies
            
             ,
             as
             often
             by
             insufficient
             Persons
             deputed
             to
             the
             
               said
               Counseils
            
             ;
             seeing
             that
             oftentimes
             the
             Judgments
             of
             the
             said
             Counseils
             were
             more
             by
             Clamour
             than
             by
             
             Reason
             ,
             to
             the
             great
             Disturbance
             of
             the
             Peace
             ,
             and
             Quiet
             between
             the
             People
             for
             times
             pass'd
             ,
             and
             more
             likely
             to
             be
             in
             time
             to
             come
             ,
             if
             Remedy
             be
             not
             provided
             .
          
        
         
           
             Whereupon
             ,
             the
             Mayor
             ,
             with
             the
             Aldermen
             ,
             and
             
               the
               good
               Commons
            
             ,
             chose
             certain
             Persons
             thereupon
             by
             Deliberation
             to
             advise
             them
             ,
             
             how
             such
             Rumour
             and
             Peril
             might
             be
             eschewed
             and
             remedied
             :
             Which
             Persons
             being
             divers
             days
             assembled
             upon
             the
             Matter
             aforesaid
             ,
             have
             [
             by
             
               their
               Advice
            
             ]
             ordain'd
             ,
             for
             remedying
             such
             Perils
             ,
             the
             Articles
             after-written
             .
             
               If
               this
               please
            
             the
             Mayor
             ,
             and
             the
             
               other
               good
               Men
            
             of
             the
             Town
             ,
             
               to
               try
               for
               a
               time
            
             ,
             to
             such
             intent
             ,
             that
             
               if
               Good
               and
               Peace
               be
               found
            
             in
             such
             Counsels
             by
             the
             Ordinances
             after-written
             ,
             
             in
             the
             Name
             of
             God
             let
             them
             be
             confirmed
             ;
             and
             if
             the
             contrary
             ,
             as
             God
             forbid
             ,
             that
             this
             may
             in
             time
             
               be
               amended
            
             ,
             for
             the
             
               common
               Good
            
             of
             all
             the
             Town
             .
             For
             the
             continuing
             a
             Common-Council
             of
             the
             Town
             by
             sufficient
             Persons
             ,
             as
             well
             of
             Substance
             as
             Sense
             ,
             
             let
             it
             be
             Ordained
             ;
             "
             That
             every
             Year
             on
             the
             Day
             of
             St.
             Gregory
             ,
             when
             the
             Aldermen
             are
             established
             for
             the
             Year
             ensuing
             ,
             let
             them
             be
             firmly
             charged
             15
             Days
             after
             the
             said
             Day
             ,
             to
             go
             to
             assemble
             their
             Wards
             ;
             and
             by
             good
             Deliberation
             ,
             charge
             them
             to
             chuse
             Four
             of
             the
             most
             sufficient
             Persons
             that
             are
             in
             their
             Ward
             ,
             without
             regard
             to
             the
             State
             which
             they
             bore
             before
             ,
             to
             be
             of
             the
             Common-Council
             the
             Year
             ensuing
             :
             
             And
             the
             Names
             of
             the
             said
             Four
             to
             present
             to
             the
             Mayor
             for
             the
             time
             being
             ;
             which
             Persons
             shall
             be
             accepted
             by
             the
             Mayor
             ,
             and
             commanded
             to
             take
             their
             Oath
             as
             is
             comprized
             in
             Writing
             heretofore
             made
             .
             Provided
             always
             ,
             that
             the
             Mayor
             for
             the
             time
             being
             shall
             not
             receive
             throughout
             the
             Town
             ,
             of
             any
             Mystery
             ,
             for
             the
             Common-Council
             more
             than
             Eight
             Persons
             of
             a
             Mystery
             :
             Altho
             it
             happen
             that
             more
             than
             Eight
             of
             one
             Mystery
             be
             presented
             and
             chosen
             ,
             &c.
             
          
        
         
           Which
           Ordinance
           was
           approved
           ,
           and
           confirmed
           to
           endure
           for
           ever
           .
        
         
           Here
           it
           is
           observable
           ,
        
         
           1.
           
           That
           at
           the
           time
           of
           this
           Common-Hall
           ,
           there
           was
           no
           standing
           Common-Council
           other
           than
           the
           Common-Hall
           ,
           all
           others
           being
           discontinued
           ;
           and
           that
           before
           that
           time
           ,
           the
           Common-Council
           filled
           both
           the
           Hall
           and
           Chambers
           belonging
           to
           it
           :
           And
           Matters
           were
           carried
           as
           the
           noise
           was
           communicated
           ,
           from
           one
           place
           to
           the
           other
           .
        
         
           2.
           
           That
           the
           Persons
           who
           are
           said
           to
           have
           made
           the
           Ordinance
           were
           only
           a
           Committee
           ,
           appointed
           and
           chosen
           by
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Commons
           ,
           for
           that
           single
           Purpose
           ,
           and
           for
           that
           Time
           only
           .
        
         
           3.
           
           They
           suppos'd
           Themselves
           ,
           and
           all
           Common-Councils
           for
           the
           future
           ,
           according
           to
           the
           Provision
           then
           made
           ,
           to
           have
           no
           farther
           Power
           ,
           than
           to
           prepare
           Matters
           for
           the
           Common
           Hall
           ,
           and
           propound
           them
           for
           their
           Fiat
           .
        
         
           4.
           
           They
           do
           not
           propound
           the
           Constitution
           of
           that
           Common-Council
           as
           an
           absolute
           Form
           ;
           but
           that
           it
           may
           continue
           as
           long
           as
           it
           
             proves
             convenient
          
           ,
           and
           that
           it
           may
           be
           try'd
           for
           a
           time
           .
        
         
           5.
           
           Therefore
           the
           Establishment
           ,
           according
           to
           the
           very
           Words
           ,
           as
           well
           as
           the
           Nature
           of
           the
           thing
           ,
           is
           of
           no
           farther
           force
           than
           as
           a
           probationary
           Order
           ;
           to
           be
           observed
           only
           till
           the
           Common-Hall
           should
           think
           fit
           to
           set
           it
           aside
           .
        
         
           6.
           
           As
           they
           who
           propound
           this
           Ordinance
           ,
           in
           relation
           to
           that
           Body
           of
           which
           they
           were
           part
           ,
           were
           Inferiours
           ,
           and
           therefore
           Petitioners
           ,
           to
           the
           Body
           assembled
           in
           Common-Hall
           ;
           they
           set
           a
           good
           Example
           to
           all
           future
           Common-Councils
           .
        
         
           But
           that
           the
           Common-Hall
           has
           not
           thought
           it self
           bound
           always
           since
           that
           Act
           of
           Common-Hall
           ,
           which
           ratified
           the
           Ordinance
           above
           ,
           to
           keep
           to
           that
           Form
           of
           Common-Council
           there
           appointed
           ,
           we
           may
           gather
           from
           the
           Entries
           ,
           which
           argue
           Representations
           at
           Councils
           after
           that
           ,
           by
           the
           Mysteries
           .
           'T
           is
           certain
           ,
           the
           Number
           of
           Common-Council-men
           appointed
           7
           R.
           2.
           was
           never
           kept
           to
           ;
           
           no
           not
           the
           very
           next
           Year
           :
           For
           then
           ,
           as
           has
           before
           appeared
           in
           the
           Case
           of
           John
           of
           Northampton
           ,
           the
           Representation
           was
           by
           the
           Mysteries
           ,
           and
           sent
           from
           the
           several
           Halls
           .
           And
           in
           the
           Year
           after
           that
           ,
           there
           were
           in
           the
           Council-Chamber
           ,
           13
           of
           
           Cordwayner-Street
           ;
           that
           is
           ,
           as
           I
           should
           think
           ,
           
           Cordwayner's
           Mystery
           .
           And
           it
           is
           certain
           ,
           Companies
           used
           antiently
           to
           keep
           together
           within
           the
           same
           Streets
           ,
           or
           Districts
           .
           And
           some
           Wards
           to
           this
           very
           day
           retain
           the
           Names
           of
           the
           Companies
           ,
           or
           Guilds
           ,
           which
           liv'd
           there
           ;
           as
           the
           last
           above-named
           ,
           
           Candlewick-Ward
           and
           the
           Vintry
           .
           And
           
           Cornhil-Ward
           ,
           as
           I
           take
           it
           ,
           was
           from
           the
           Gild
           settled
           there
           .
           Nor
           can
           I
           omit
           the
           Observation
           ,
           that
           in
           some
           (a)
           Records
           I
           find
           Ward
           and
           Gild
           ,
           or
           Company
           ,
           synonymous
           .
        
         
           
           2.
           
           Having
           trac'd
           this
           Common-Council
           to
           its
           weak
           and
           infant
           State
           ,
           we
           may
           consider
           it
           as
           possessed
           of
           a
           Power
           of
           making
           By-Laws
           :
           But
           then
           we
           must
           observe
           ,
           that
           this
           will
           bear
           no
           Comparison
           to
           the
           Possession
           which
           the
           Livery-men
           have
           of
           the
           Common-Hall
           ,
           which
           has
           been
           exclusive
           of
           all
           others
           .
           Whereas
           all
           the
           Possession
           which
           the
           present
           Common-Council
           have
           had
           of
           the
           Common-Chamber
           ,
           has
           been
           only
           as
           a
           Committee
           entrusted
           by
           a
           greater
           Court
           ,
           having
           Continuance
           ,
           and
           acting
           with
           Supream
           Authority
           .
        
         
         
           Besides
           ,
           it
           has
           been
           resolved
           by
           the
           Judges
           ,
           
             That
             a
             By-Law
             to
             make
             a
             Monopoly
             ,
             
             and
             a
             Prescription
             of
             such
             a
             Nature
             ,
             to
             induce
             a
             sole
             Trade
             or
             Traffick
             to
             a
             Company
             or
             Person
             ,
             and
             to
             exclude
             all
             others
             ,
             is
             against
             Law.
             
          
        
         
           Which
           is
           easily
           applicable
           to
           the
           
           Common-Council's
           engrossing
           the
           Power
           of
           the
           Common-Hall
           .
        
         
           It
           would
           be
           endless
           to
           heap
           Authorities
           which
           might
           be
           brought
           to
           evince
           ,
           that
           the
           Common-Council
           has
           no
           colour
           of
           Pretence
           to
           
             make
             By-Laws
          
           ,
           of
           such
           a
           Nature
           as
           they
           now
           insist
           upon
           .
        
         
           But
           I
           cannot
           pass
           by
           the
           Resolution
           in
           the
           Case
           of
           the
           Chamberlain
           of
           London
           ,
           
           in
           an
           Action
           brought
           by
           him
           for
           a
           Penalty
           raised
           by
           a
           By-Law
           .
        
         
           
             All
             such
             Ordinances
             ,
             Constitutions
             ,
             or
             By-Laws
             ,
             are
             allowed
             by
             the
             Law
             ,
             as
             are
             made
             for
             the
             true
             and
             due
             Execution
             of
             the
             Laws
             or
             Statutes
             of
             the
             Realm
             ;
             or
             for
             the
             
               good
               Government
            
             and
             Order
             of
             the
             Body-corporate
             :
             And
             all
             others
             which
             are
             contrary
             ,
             or
             repugnant
             to
             the
             Laws
             or
             Statutes
             of
             the
             Realm
             ,
             are
             void
             and
             of
             no
             effect
             .
          
        
         
           To
           apply
           this
           to
           the
           Case
           in
           Question
           ;
           for
           the
           Common-Council
           to
           vacate
           an
           Election
           made
           in
           Common-Hall
           ,
           or
           to
           exempt
           any
           Person
           from
           being
           chosen
           ,
           is
           not
           
             for
             the
             good
             Government
             and
             Order
             of
             the
             Body-corporate
          
           ;
           and
           besides
           ,
           is
           directly
           
             contrary
             or
             repugnant
          
           to
           the
           Laws
           and
           Statutes
           of
           the
           Realm
           ,
           which
           have
           fixed
           the
           Election
           of
           any
           sufficient
           Citizen
           in
           the
           
             Livery
             Common-Hall
          
           ;
           and
           have
           provided
           it
           with
           Authority
           to
           oblige
           them
           to
           hold
           :
           And
           therefore
           any
           By-Law
           made
           in
           the
           Common-Council
           contrary
           to
           this
           Right
           ,
           is
           void
           .
        
         
           Nay
           ,
           and
           thus
           they
           themselves
           have
           judg'd
           but
           lately
           in
           the
           like
           Case
           .
        
         
           In
           the
           Mayoralty
           or
           Sir
           
             John
             Fleet
          
           ,
           he
           acquainted
           the
           Common-Council
           ,
           
           that
           40
           or
           50
           foreign
           Merchants
           would
           pay
           400
           l.
           a-piece
           to
           the
           use
           of
           the
           Orphans
           ,
           if
           they
           might
           be
           admitted
           to
           the
           Freedom
           of
           the
           City
           ,
           and
           have
           an
           Act
           of
           Common-Council
           to
           exempt
           'em
           from
           bearing
           chargeable
           Offices
           .
        
         
           After
           several
           long
           Debates
           ,
           this
           Project
           ,
           though
           of
           apparent
           Advantage
           to
           the
           City
           ,
           was
           laid
           aside
           ;
           the
           Common-Council
           declaring
           it
           was
           not
           in
           their
           Power
           ,
           to
           restrain
           the
           Right
           of
           the
           Common-Hall
           to
           chuse
           any
           
             sufficient
             Citizen
          
           .
        
         
           The
           Opinion
           of
           the
           Learned
           Judg
           Bracton
           ,
           is
           very
           applicable
           to
           this
           Matter
           ;
           where
           speaking
           of
           the
           English
           Laws
           ,
           he
           says
           ;
        
         
           
             Which
             since
             they
             were
             approved
             by
             the
             Consent
             of
             those
             who
             use
             them
             ,
             
             and
             confirmed
             by
             the
             Oaths
             of
             Kings
             ,
             cannot
             be
             changed
             or
             destroyed
             ,
             without
             the
             
               common
               Consent
               ,
               and
               Counsel
            
             ,
             of
             those
             by
             whose
             
               Counsel
               ,
               and
               Consent
            
             ,
             they
             were
             promulged
             .
             But
             they
             may
             be
             changed
             for
             the
             better
             ;
             because
             that
             is
             not
             destroyed
             which
             is
             made
             better
             .
          
        
         
           With
           such
           a
           Limitation
           we
           may
           allow
           the
           Common-Council
           to
           act
           for
           the
           Ease
           of
           the
           Common
           Hall
           ,
           in
           relation
           to
           Times
           ,
           Places
           ,
           and
           other
           Circumstances
           ;
           for
           the
           better
           Execution
           of
           the
           Laws
           and
           Customs
           of
           the
           City
           .
        
         
           But
           that
           the
           Power
           of
           making
           By-Laws
           ,
           exercised
           by
           the
           Common-Council
           ,
           is
           controlable
           by
           the
           Common-Hall
           ,
           will
           ,
           besides
           what
           I
           have
           already
           observed
           ,
           
           appear
           by
           the
           Charter
           15
           E.
           3.
           which
           is
           the
           only
           Charter
           expresly
           affirming
           the
           City's
           Power
           of
           making
           
             By
             Laws
          
           .
        
         
           
             Moreover
             ,
             we
             have
             granted
             ,
             that
             if
             any
             Customs
             in
             the
             City
             of
             
               London
               ,
               [
               newly
               arising
            
             ]
             where
             a
             Remedy
             was
             not
             before
             ordain'd
             [
             
               want
               Amendment
            
             ]
             the
             said
             Mayor
             and
             Aldermen
             ,
             and
             their
             Heirs
             and
             Successors
             [
             
               with
               the
               Assent
               of
               the
               Commonalty
            
             of
             the
             same
             City
             ]
             remedy
             convenient
             ,
             consonant
             to
             good
             Faith
             and
             Manners
             ,
             for
             the
             
               common
               Vtility
            
             of
             the
             Citizens
             of
             the
             said
             City
             ,
             and
             other
             our
             Liege
             People
             flocking
             to
             the
             same
             ,
             may
             apply
             and
             ordain
             ,
             as
             often
             ,
             and
             when
             it
             shall
             seem
             expedient
             to
             '
             em
             .
             Provided
             ☜
             nevertheless
             ,
             That
             such
             kind
             of
             Ordinance
             be
             of
             Utility
             to
             us
             ,
             and
             our
             People
             ,
             and
             consonant
             to
             good
             Faith
             ,
             and
             Reason
             as
             abovesaid
             .
          
        
         
           According
           to
           this
           Charter
           ,
        
         
           1.
           
           The
           Power
           of
           making
           By-Laws
           relates
           to
           Amendments
           for
           the
           common
           Utility
           of
           the
           Citizens
           .
        
         
           2.
           
           Those
           Amendments
           cannot
           sap
           ,
           or
           weaken
           any
           antient
           Constitution
           or
           Custom
           .
        
         
           3.
           
           They
           are
           to
           be
           made
           with
           the
           Assent
           of
           the
           Commonalty
           of
           the
           City
           .
        
         
           Neither
           of
           which
           can
           be
           pretended
           in
           the
           Matter
           in
           question
           :
           And
           since
           ,
           
           as
           is
           said
           in
           the
           Chamberlain's
           Case
           ,
           
             Corporations
             cannot
             make
             Ordinances
             or
             Constitutions
             without
             Custom
             or
             the
             King's
             Charter
             ,
             unless
             for
             things
             which
             concern
             the
             Publick
             Good
             ,
             as
             Reparations
             of
             Churches
             ,
             or
             High-ways
             ,
             and
             the
             like
             ;
          
           but
           the
           Power
           now
           claimed
           ,
           is
           neither
           of
           that
           Kind
           ,
           nor
           is
           there
           Legal
           Custom
           or
           Consent
           or
           Charter
           for
           it
           :
           I
           need
           raise
           no
           Consequence
           upon
           it
           .
        
         
           To
           conclude
           this
           Point
           ;
           if
           this
           Common-Hall
           legally
           succeeds
           the
           Common-Hall
           which
           appointed
           this
           Committee
           ;
           and
           the
           Committee
           may
           be
           set
           aside
           at
           the
           Pleasure
           of
           the
           Common-Hall
           ;
           if
           since
           the
           raising
           this
           Committee
           ,
           and
           that
           of
           late
           days
           ,
           the
           
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           ,
           have
           acted
           together
           as
           one
           Court
           :
           If
           farther
           ,
           as
           in
           the
           Case
           of
           Rowlet
           ,
           before-mentioned
           ;
           they
           have
           acted
           with
           a
           Superior
           Authority
           in
           those
           very
           things
           ,
           wherein
           the
           
             Mayor
             ,
             Aldermen
          
           ,
           and
           Common-Council
           ,
           have
           exercised
           Authority
           by
           themselves
           ;
           if
           most
           of
           these
           Premises
           hold
           ,
           especially
           if
           all
           do
           ;
           there
           can
           be
           no
           Question
           but
           By-Laws
           ,
           and
           other
           Acts
           of
           the
           Common-Council
           ,
           are
           controlable
           by
           the
           Common-Hall
           :
           and
           then
           it
           would
           be
           very
           strange
           to
           imagine
           that
           it
           should
           be
           in
           the
           Power
           of
           the
           Common-Council
           to
           take
           away
           ,
           or
           abridg
           ,
           any
           Right
           of
           its
           Superior
           ,
           from
           whence
           it
           came
           ,
           and
           in
           which
           it
           is
           contain'd
           .
        
         
           I
           shall
           not
           so
           much
           question
           the
           Judgment
           or
           Memory
           of
           my
           Readers
           ,
           as
           to
           repeat
           the
           Proofs
           of
           every
           one
           of
           these
           Premises
           .
        
         
           But
           I
           would
           desire
           'em
           to
           remember
           the
           Instances
           of
           Disfranchisements
           by
           Common-Hall
           ,
           before
           any
           standing
           Rule
           for
           '
           em
           .
           This
           Power
           ,
           I
           must
           confess
           ,
           the
           Common-Council
           have
           pretended
           to
           ;
           and
           as
           if
           they
           not
           only
           had
           it
           ,
           but
           had
           it
           without
           delegation
           ,
           have
           fansied
           they
           could
           delegate
           it
           to
           others
           .
        
         
           
           Accordingly
           I
           find
           an
           Act
           of
           Common-Council
           ,
           impow'ring
           the
           Mayor
           and
           Aldermen
           to
           Disfranchise
           ,
           upon
           competent
           Proof
           by
           Oath
           ,
           before
           them
           ,
           of
           any
           Citizen's
           Trespass
           ,
           Act
           ,
           Disobedience
           ,
           or
           Offence
           ,
           against
           the
           City
           ,
           and
           the
           Liberties
           ,
           Franchises
           ,
           and
           free
           Customs
           and
           Privileges
           of
           the
           same
           .
        
         
           Which
           would
           be
           a
           very
           dangerous
           Weapon
           in
           the
           Hands
           of
           Aldermen
           ,
           who
           by
           Act
           of
           Parliament
           obtain'd
           by
           Surprize
           ,
           and
           contrary
           to
           the
           Sense
           of
           the
           City
           ,
           declared
           more
           than
           once
           ,
           and
           ratified
           by
           former
           Parliaments
           ,
           have
           their
           Stations
           ,
           in
           effect
           ,
           for
           their
           Lives
           .
        
         
           
           But
           as
           it
           appears
           by
           the
           Resolution
           in
           
           Baggs's
           Case
           ,
           the
           above-mention'd
           Act
           of
           Common-Council
           is
           void
           in
           Law
           ;
           no
           such
           Power
           having
           been
           derived
           to
           them
           by
           the
           
             express
             words
          
           of
           any
           Charter
           ,
           or
           Prescription
           .
        
         
           Yet
           this
           Power
           the
           Common-Hall
           undoubtedly
           has
           ,
           and
           ,
           I
           may
           say
           ,
           incommunicably
           ,
           till
           that
           part
           of
           their
           Court
           ,
           or
           the
           Committee
           from
           them
           ,
           which
           sits
           in
           the
           Council-Chamber
           ,
           shall
           have
           legally
           possess'd
           themselves
           of
           the
           Hall.
           
        
         
           I
           shall
           add
           but
           one
           Precedent
           ,
           of
           many
           ,
           where
           the
           
             Mayor
             ,
             Aldermen
             ,
             Common-Council
          
           ,
           and
           Commons
           ,
           acted
           together
           as
           one
           Court
           ,
           and
           true
           Common-Council
           of
           the
           City
           ;
           and
           that
           since
           the
           time
           that
           the
           present
           Common-Council
           ,
           and
           
             Livery
             Common-Hall
          
           ,
           are
           suppos'd
           to
           have
           been
           setled
           .
        
         
           A
           Mayor
           *
           dying
           in
           his
           Mayoralty
           ,
           the
           
             Locum
             tenens
          
           ,
           or
           Senior
           Alderman
           ,
           with
           the
           rest
           of
           the
           Aldermen
           ,
           appoint
           a
           Day
           for
           the
           choice
           of
           a
           new
           Mayor
           ;
           and
           order
           the
           Servants
           of
           the
           Chamber
           to
           summon
           the
           
             immense
             Community
             of
             the
             City
          
           .
        
         
           There
           met
           the
           ‖
           Common-Council
           ,
           and
           the
           
             immense
             Multitude
          
           of
           Commoners
           ,
           in
           their
           last
           Livery
           but
           one
           .
        
         
           Aylmer
           was
           there
           chosen
           Mayor
           ,
           and
           sworn
           before
           the
           Aldermen
           ,
           and
           Commons
           .
        
         
           In
           that
           Common-Hall
           they
           ,
           after
           the
           Election
           was
           over
           ,
           acted
           together
           as
           a
           Council
           :
           For
           whereas
           the
           Mayor
           should
           ,
           as
           it
           seems
           ,
           according
           to
           the
           usual
           course
           in
           such
           Cases
           ,
           have
           been
           sworn
           to
           the
           King
           the
           next
           Day
           ;
           The
           Aldermen
           ,
           and
           Commons
           ,
           
             for
             certain
             Reasons
             moving
             them
             thereto
             ,
          
           appointed
           a
           farther
           Day
           .
        
         
           That
           the
           Commons
           who
           did
           this
           were
           the
           Livery-men
           ,
           appears
           by
           what
           immediately
           follows
           in
           the
           same
           Entry
           :
           Where
           it
           is
           said
           ,
           That
           the
           Aldermen
           conducted
           the
           new
           Mayor
           to
           the
           taking
           his
           Oath
           ,
           in
           their
           Violet-colour'd
           Gowns
           ,
           and
           the
           Common
           in
           their
           last
           Livery
           .
        
         
           
           5.
           
           That
           there
           is
           no
           colour
           to
           believe
           ,
           That
           the
           Common-Hall
           ,
           as
           now
           compos'd
           ,
           receiv'd
           its
           Being
           ,
           or
           Authority
           ,
           from
           such
           a
           Common-Council
           as
           now
           acts
           ,
           or
           from
           any
           thing
           but
           the
           general
           Consent
           of
           the
           Free-men
           ,
           express'd
           in
           some
           Act
           of
           Common-Hall
           before
           the
           time
           of
           E.
           IV.
           or
           implied
           in
           the
           long
           submission
           of
           the
           rest
           of
           the
           Free-men
           ,
           before
           that
           time
           ,
           may
           sufficiently
           appear
           by
           what
           has
           been
           prov'd
           under
           former
           Heads
           :
           And
           yet
           if
           any
           Act
           or
           Acts
           of
           Common-Council
           ,
           in
           the
           Reign
           of
           E.
           IV.
           were
           the
           occasion
           of
           Elections
           having
           been
           restrain'd
           to
           the
           Livery-men
           ,
           it
           may
           appear
           by
           what
           has
           been
           formerly
           shewn
           ,
           That
           the
           submission
           of
           the
           Free-men
           ,
           implied
           in
           the
           Custom
           ever
           since
           that
           time
           ,
           gave
           the
           only
           force
           to
           that
           Restriction
           ;
           that
           of
           it self
           carrying
           no
           manner
           of
           Authority
           to
           diminish
           the
           Right
           of
           the
           Common-Hall
           .
        
         
           But
           any
           one
           ,
           who
           remembers
           the
           Evidence
           that
           the
           Mysteries
           had
           Representatives
           of
           their
           own
           ,
           before
           the
           time
           of
           E.
           IV.
           and
           the
           Legal
           Presumption
           ,
           that
           those
           Representatives
           were
           the
           Livery-men
           ,
           will
           be
           more
           fully
           satisfied
           ,
           that
           they
           were
           so
           before
           the
           time
           of
           E.
           IV.
           when
           he
           observes
           the
           words
           of
           those
           Orders
           ,
           which
           are
           pretended
           to
           have
           given
           Being
           to
           the
           
             Livery
             Common-Hall
          
           .
        
         
           The
           first
           Order
           is
           thus
           :
        
         
           
           
             At
             a
             Common-Council
             holden
             on
             Wednesday
             ,
             in
             the
             7th
             Year
             of
             the
             Reign
             of
             King
             Edward
             the
             Fourth
             ,
             it
             was
             agreed
             by
             
               John
               Young
            
             Mayor
             ,
             
               John
               Norman
            
             ,
             &c.
             
             Aldermen
             ,
             
             and
             the
             Commonalty
             of
             the
             City
             of
             
               London
               ,
               (
               inter
               alia
            
             )
             That
             the
             Election
             of
             the
             Mayor
             and
             Sheriffs
             ,
             shall
             hereafter
             be
             made
             [
             only
             by
             the
             Common-Council
             :
             ]
             The
             Master
             and
             Wardens
             of
             every
             Mystery
             of
             the
             said
             City
             coming
             in
             their
             Liveries
             ;
             and
             by
             other
             honest
             Men
             for
             that
             purpose
             
               specially
               summoned
            
             .
          
        
         
           1.
           
           It
           must
           be
           remember'd
           ,
           That
           the
           Common-Council
           in
           Hen.
           the
           Sixth's
           time
           ,
           was
           the
           Council
           of
           the
           Mysteries
           ;
           and
           consequently
           ,
           unless
           an
           alteration
           can
           be
           shewn
           ,
           must
           be
           thought
           to
           have
           continued
           so
           at
           the
           time
           of
           that
           Order
           ,
           7
           E.
           IV.
           
        
         
           2.
           
           This
           Representation
           of
           the
           Commons
           being
           so
           large
           as
           has
           appear'd
           above
           ,
           their
           Act
           is
           call'd
           ,
           
             The
             Act
             of
             the
             Commonalty
             of
             the
             City
             :
          
           And
           this
           we
           must
           suppose
           to
           have
           been
           made
           in
           Common-Hall
           .
        
         
           3.
           
           None
           besides
           the
           Masters
           and
           Wardens
           are
           by
           this
           Act
           oblig'd
           to
           come
           in
           Liveries
           .
        
         
           4.
           
           Here
           is
           no
           restriction
           of
           Elections
           to
           the
           Liveries
           ;
           but
           to
           the
           Common-Council
           :
           That
           is
           ,
           as
           is
           there
           explained
           ,
           the
           Masters
           ,
           and
           Wardens
           ,
           and
           other
           honest
           Men
           of
           the
           Mysteries
           ,
           specially
           summoned
           .
        
         
           To
           which
           
             special
             Summons
          
           ,
           as
           has
           been
           shewn
           before
           ,
           the
           Livery-men
           ,
           and
           no
           others
           ,
           were
           entituled
           .
        
         
           Wherefore
           ,
           this
           was
           no
           more
           than
           a
           repeating
           ,
           or
           affirming
           ,
           former
           Orders
           ,
           often
           occasioned
           upon
           the
           breaking
           in
           of
           other
           Free-men
           ,
           to
           the
           disturbance
           of
           Elections
           ,
           before
           plac'd
           in
           the
           more
           discreet
           ,
           which
           the
           Custom
           has
           interpreted
           to
           be
           the
           Livery-men
           :
           Who
           ,
           according
           to
           this
           Ordinance
           with
           which
           the
           present
           Common-Council
           triumph
           ,
           were
           the
           only
           Common-Council
           at
           that
           time
           .
        
         
           And
           thus
           ,
           as
           appears
           by
           the
           Entry
           before-cited
           ,
           6
           Hen.
           VII
           .
           they
           continued
           after
           this
           Ordinance
           ,
           and
           after
           the
           next
           ,
           15
           E.
           IV.
           which
           has
           these
           words
           .
        
         
           
             Then
             in
             the
             same
             Common-Council
             it
             is
             agreed
             ,
             That
             the
             Master
             and
             Wardens
             of
             the
             Mysteries
             of
             the
             City
             ,
             in
             their
             Halls
             ,
             or
             other
             Places
             of
             the
             City
             ,
             
             fit
             and
             convenient
             ;
             associating
             to
             them
             
               the
               honest
               Men
               of
               their
               Mysteries
               ,
            
             being
             clothed
             in
             their
             
               last
               Livery
            
             ,
             shall
             go
             together
             to
             the
             Guild-Hall
             of
             their
             City
             ,
             for
             the
             Election
             of
             Mayor
             ,
             &c.
             
             And
             in
             their
             
               last
               Livery
               but
               one
            
             ,
             to
             the
             Election
             of
             the
             Sheriffs
             of
             the
             City
             ,
             &c.
             
             And
             that
             no
             others
             ,
             besides
             the
             
               honest
               Men
            
             of
             the
             Common-Council
             of
             the
             City
             ,
             shall
             be
             present
             at
             the
             said
             Elections
             .
          
        
         
           All
           that
           this
           adds
           to
           the
           former
           Provision
           ,
           7
           E.
           IV.
           is
           only
           the
           requiring
           all
           the
           Livery-men
           ,
           for
           distinction's
           sake
           ,
           to
           go
           in
           their
           Liveries
           ,
           to
           prevent
           the
           interposition
           of
           others
           .
           Which
           was
           no
           restraint
           upon
           Persons
           ;
           but
           a
           requiring
           the
           Persons
           who
           came
           according
           to
           their
           former
           Right
           ,
           to
           wear
           their
           proper
           Habit
           ,
           to
           distinguish
           'em
           from
           others
           .
           Some
           may
           suppose
           ,
           that
           this
           speaks
           of
           
             honest
             Men
          
           of
           the
           Common-Council
           ,
           besides
           the
           
             honest
             Men
          
           of
           the
           Mysteries
           :
           Whereas
           the
           Common-Council
           is
           plainly
           here
           mentioned
           as
           exegetical
           ,
           or
           explanatory
           ,
           of
           the
           
             honest
             Men
          
           of
           the
           Mysteries
           :
           That
           is
           to
           say
           ,
           such
           
             honest
             Men
          
           of
           the
           Mysteries
           as
           are
           of
           the
           Common-Council
           ,
           and
           no
           others
           ,
           shall
           be
           present
           at
           the
           Elections
           :
           Which
           ,
           as
           has
           appear'd
           ,
           were
           ,
           long
           before
           that
           Ordinance
           ,
           the
           Livery-men
           only
           .
           If
           this
           and
           the
           other
           be
           not
           taken
           in
           this
           Sense
           ,
           then
           they
           neither
           confine
           the
           Election
           to
           Livery-men
           ;
           nor
           suppose
           the
           Livery-men
           only
           ,
           to
           have
           right
           to
           come
           ;
           but
           allow
           any
           Commoner
           ,
           who
           is
           chosen
           to
           the
           
             Common
             Council
          
           ,
           to
           Vote
           at
           the
           Elections
           ,
           tho'
           no
           Livery-man
           :
           Whereas
           they
           who
           would
           derive
           the
           Authority
           of
           the
           Common-Hall
           from
           these
           Ordinances
           ,
           suppose
           ,
           that
           they
           restrain
           Elections
           to
           the
           Livery-men
           only
           .
        
         
           But
           ,
           could
           it
           be
           imagin'd
           ,
           that
           those
           Ordinances
           ,
           or
           either
           of
           them
           is
           ,
           or
           are
           conceiv'd
           in
           terms
           importing
           a
           restriction
           of
           Elections
           to
           the
           Livery-men
           ;
           and
           that
           the
           Ordinances
           were
           made
           by
           a
           Common-Council
           chosen
           by
           the
           Wards
           ,
           it
           appears
           by
           the
           Ordinance
           which
           laid
           the
           moveable
           Foundation
           ,
           upon
           which
           following
           Common-Councils
           of
           the
           Wards
           have
           built
           up
           themselves
           ;
           besides
           ,
           other
           Evidences
           of
           the
           Superior
           Authority
           continuing
           in
           the
           Common-Hall
           ,
           (
           the
           true
           Common-Council
           of
           the
           Mysteries
           or
           Crafts
           ,
           as
           it
           is
           called
           8
           R.
           II.
           )
           That
           the
           force
           of
           such
           restraint
           could
           not
           proceed
           from
           the
           Authority
           of
           the
           Common-Council
           ;
           but
           that
           subsequent
           Common-Halls
           not
           having
           thought
           fit
           to
           alter
           this
           ;
           and
           the
           generality
           of
           the
           Free-men
           having
           rested
           contented
           with
           their
           Livery-men
           ;
           Such
           Sufferance
           and
           Consent
           has
           made
           that
           become
           a
           legal
           Settlement
           ,
           which
           at
           first
           could
           be
           no
           more
           than
           Matter
           of
           Advice
           .
        
         
           And
           ,
           according
           to
           this
           ,
           I
           find
           Writs
           from
           the
           Crown
           ,
           and
           Acts
           of
           Common-Council
           ,
           place
           the
           legality
           of
           such
           Restrictions
           in
           the
           Custom
           of
           the
           City
           .
           But
           I
           must
           submit
           to
           Consideration
           ,
           whether
           there
           is
           not
           better
           ground
           to
           believe
           ,
           That
           the
           Livery-men
           were
           the
           
             standing
             Representatives
          
           of
           the
           rest
           of
           the
           Free-men
           ,
           before
           ever
           such
           a
           Council
           as
           now
           acts
           had
           any
           setled
           Being
           ;
           or
           ,
           at
           least
           ,
           before
           the
           time
           of
           E.
           IV.
           than
           there
           is
           to
           think
           ,
           that
           the
           Words
           of
           either
           of
           the
           Ordinances
           of
           his
           time
           ,
           so
           much
           as
           recommend
           any
           other
           designation
           of
           Electors
           ,
           than
           what
           Custom
           ,
           and
           consequently
           the
           Consent
           of
           the
           Free-men
           ,
           had
           setled
           before
           .
        
         
         
           In
           short
           ,
           it
           has
           appear'd
           ,
           That
           the
           Resolution
           of
           the
           Judges
           ,
           cited
           on
           the
           other
           side
           ,
           and
           more
           particularly
           ,
           mother
           upon
           the
           like
           Occasion
           us'd
           by
           me
           ,
           are
           strong
           for
           the
           Common-Hall
           .
        
         
           That
           according
           to
           that
           very
           Act
           of
           Common-Council
           ,
           7
           Car.
           I.
           on
           which
           the
           Vindicator
           relies
           ,
           no
           Man
           chosen
           Sheriff
           is
           dischargeable
           ,
           unless
           for
           want
           of
           sufficiency
           in
           Estate
           :
           Nor
           is
           there
           any
           ground
           for
           other
           Exemption
           :
           And
           whatever
           Discharge
           or
           Exemption
           may
           have
           been
           given
           by
           any
           besides
           the
           
             Common
             Hall
          
           ;
           the
           Party
           is
           nevertheless
           elegible
           ,
           as
           if
           he
           had
           never
           been
           discharged
           ,
           or
           exempted
           .
        
         
           This
           is
           made
           yet
           more
           evident
           ,
           by
           comparing
           the
           Act
           of
           Common-Council
           ,
           7
           Car.
           I.
           with
           former
           Acts
           :
           But
           chiefly
           ,
           with
           the
           Act
           of
           Common-Hall
           ,
           24
           E.
           III.
           which
           was
           reinforc'd
           ,
           18
           Hen.
           VIII
           .
           and
           to
           this
           very
           Day
           stands
           in
           full
           Virtue
           ,
           declaring
           the
           Sense
           of
           the
           Body
           of
           Free-men
           ,
           That
           for
           the
           Common-Council
           to
           vacate
           or
           defeat
           their
           Elections
           ,
           is
           to
           the
           Prejudice
           of
           particular
           Persons
           ,
           who
           are
           oblig'd
           to
           serve
           ,
           through
           Default
           of
           others
           ;
           and
           of
           the
           whole
           City
           in
           general
           ,
           who
           may
           want
           
             sufficient
             Persons
          
           to
           serve
           :
           Or
           ,
           at
           least
           ,
           cannot
           find
           Men
           of
           the
           like
           Qualifications
           in
           every
           respect
           ,
           with
           those
           whom
           they
           first
           chose
           .
        
         
           If
           we
           look
           into
           the
           Custom
           ,
           it
           is
           manifest
           ,
           That
           the
           Authority
           of
           the
           Common-Hall
           ,
           and
           of
           none
           besides
           ,
           to
           Discharge
           ,
           or
           Exempt
           ,
           has
           been
           fully
           exerted
           ;
           and
           own'd
           ,
           not
           only
           by
           Common-Councils
           ,
           but
           by
           the
           Crown
           ;
           and
           that
           in
           Times
           neither
           too
           long
           since
           past
           ,
           nor
           such
           wherein
           Precedents
           on
           the
           side
           of
           the
           Commons
           could
           have
           obtain'd
           ,
           if
           their
           Right
           had
           not
           been
           undoubted
           .
        
         
           And
           ,
           as
           this
           Authority
           has
           been
           exercised
           by
           the
           Common-Hall
           ,
           before
           ever
           any
           
             Common
             Council
          
           of
           the
           present
           Form
           or
           Nature
           ,
           had
           a
           setled
           Being
           ;
           so
           it
           has
           been
           after
           ;
           and
           since
           the
           Time
           that
           the
           Vindicator
           supposes
           the
           
             Livery
             Common
             Hall
          
           to
           have
           been
           instituted
           .
        
         
           And
           the
           seeming
           Practice
           of
           later
           Days
           to
           the
           contrary
           ,
           has
           been
           of
           such
           kind
           ,
           as
           has
           been
           far
           from
           proving
           any
           Authority
           to
           go
           along
           with
           Acts
           of
           Common-Council
           ,
           for
           the
           discharging
           or
           exempting
           any
           one
           Person
           .
           The
           Discharge
           arising
           from
           the
           
           Common-Hall's
           proceeding
           to
           a
           new
           Choice
           .
        
         
           Farther
           yet
           ,
           if
           either
           By-Laws
           or
           Custom
           ,
           or
           both
           ,
           have
           crept
           in
           to
           the
           seeming
           Diminution
           of
           the
           Right
           of
           the
           Electors
           ;
           as
           has
           appeared
           ;
           they
           would
           have
           been
           void
           in
           Law
           ,
           being
           contrary
           to
           their
           Common-Law
           Right
           declared
           by
           Charters
           ,
           and
           confirmed
           by
           Acts
           of
           Parliament
           .
           And
           whatever
           Force
           ,
           Custom
           and
           By-Laws
           ,
           supposing
           them
           clear
           ,
           might
           have
           had
           against
           Rights
           so
           established
           ,
           the
           Act
           of
           Restitution
           ,
           2
           W
           &
           M.
           being
           made
           while
           the
           Commons
           were
           in
           Possession
           of
           their
           Power
           ,
           to
           oblige
           the
           Person
           whom
           they
           had
           chosen
           to
           hold
           ,
           notwithstanding
           any
           pretended
           Discharge
           ;
           certainly
           wrought
           a
           Remitter
           to
           their
           antient
           Right
           .
           And
           this
           was
           remitted
           and
           restored
           to
           the
           Livery-men
           .
        
         
           I
           may
           add
           ,
           that
           by
           the
           express
           Words
           of
           that
           Statute
           it
           is
           enacted
           ,
           that
           the
           several
           Companies
           ,
           that
           is
           ,
           the
           Mysteries
           (
           so
           often
           named
           in
           the
           City-Journals
           )
           shall
           have
           all
           their
           
             lawful
             Liberties
          
           ;
           and
           particularly
           every
           Person
           
             admitted
             into
             the
             Freedoms
          
           or
           Liberties
           of
           the
           Companies
           ,
           shall
           enjoy
           
             the
             Rights
             and
             Privileges
          
           of
           a
           Freeman
           ,
           and
           Livery-man
           .
        
         
           Which
           confirms
           the
           Livery-men
           in
           the
           Possession
           of
           the
           Common-Hall
           ,
           with
           all
           the
           Rights
           and
           Incidents
           belonging
           to
           that
           Possession
           .
        
         
           And
           whereas
           the
           Vindicator
           supposes
           that
           the
           Common-Council
           can
           set
           aside
           the
           
             Rights
             and
             Privileges
          
           of
           the
           Livery-men
           ,
           as
           they
           of
           the
           Common-Council
           are
           the
           City's
           Legislators
           .
        
         
           If
           they
           were
           such
           ,
           the
           Restrution
           ,
           2
           W.
           &
           M.
           settles
           the
           Livery
           men
           beyond
           being
           shaken
           by
           any
           Authority
           within
           the
           City
           ,
           for
           the
           making
           By-Laws
           .
           And
           in
           truth
           the
           Authority
           of
           making
           By-Laws
           ,
           both
           at
           Common-Law
           ,
           and
           by
           Charter
           ,
           originally
           rested
           with
           the
           whole
           Body
           of
           Freemen
           ;
           and
           has
           formerly
           been
           regularly
           exercised
           by
           the
           whole
           Body
           ,
           in
           their
           Assemblies
           in
           Guildhall
           ,
           or
           other
           Folkmote
           .
        
         
           The
           Exer●ice
           of
           this
           has
           by
           Custom
           been
           confined
           to
           Guildhall
           ;
           and
           is
           now
           become
           impracticable
           elsewhere
           .
        
         
           Of
           this
           Common-Hall
           ,
           and
           the
           Authority
           of
           this
           Court
           ,
           the
           Livery-men
           ,
           with
           the
           Mayor
           and
           Aldermen
           ,
           were
           in
           full
           legal
           possession
           ,
           before
           such
           a
           
             Common
             Council
          
           as
           now
           acts
           had
           any
           settled
           Being
           :
           nor
           has
           any
           Act
           of
           Common-Council
           so
           much
           as
           occasioned
           the
           Privileges
           of
           the
           Livery-men
           ,
           much
           less
           has
           it
           created
           them
           .
        
         
           But
           ,
           according
           to
           the
           Presumption
           of
           Law
           ,
           they
           have
           had
           an
           uninterrupted
           Possession
           from
           before
           8
           E.
           2.
           nor
           does
           it
           appear
           that
           any
           Man
           can
           gave
           any
           Vote
           among
           them
           ,
           otherwise
           than
           as
           a
           Livery-man
           ,
           ;
           the
           Right
           of
           Suffrages
           in
           the
           Common-Hall
           being
           settled
           in
           the
           Livery-men
           ;
           who
           have
           been
           ,
           and
           yet
           are
           the
           true
           Common-Council
           of
           the
           ●ity
        
         
           On
           the
           other
           side
           ,
           that
           which
           now
           obtains
           the
           Name
           of
           the
           Common-Council
           ,
           has
           been
           from
           its
           several
           Institutions
           ,
           and
           yet
           is
           ,
           a
           mere
           Creature
           of
           the
           Common-Hall
           ,
           and
           dependent
           upon
           its
           Pleasure
           :
           at
           the
           most
           is
           but
           of
           the
           Nature
           of
           a
           Committee
           ,
           and
           has
           no
           greater
           or
           higher
           Relation
           than
           of
           a
           Part
           to
           the
           whole
           :
           and
           whether
           it
           acts
           by
           it self
           ,
           or
           in
           Conjunction
           with
           the
           greater
           Body
           ;
           must
           be
           concluded
           by
           the
           Majority
           .
        
         
           To
           close
           this
           Argument
           ,
           which
           may
           seem
           tedious
           to
           many
           ;
           and
           ,
           yet
           possibly
           ,
           is
           no
           more
           labour'd
           than
           the
           strength
           of
           Prepossession
           requires
           ;
           I
           may
           well
           say
           ,
           with
           the
           Vindicator
           ,
           
           
             While
             some
             strive
             to
             make
             Breaches
             ,
             my
             business
             shall
             be
             to
             promote
             Peace
             .
          
        
         
           But
           it
           must
           be
           consider'd
           ,
           That
           Men
           have
           very
           different
           Notions
           of
           Peace
           .
        
         
           When
           our
           Governors
           ,
           in
           Church
           and
           State
           ,
           valued
           themselves
           upon
           the
           Peacefulness
           of
           former
           Reigns
           ;
           many
           ,
           who
           now
           would
           have
           the
           Commons
           of
           the
           City
           of
           London
           to
           sacrifice
           their
           Right
           ,
           to
           the
           quieting
           this
           Controversie
           ,
           were
           thought
           properly
           to
           have
           applied
           that
           old
           Sarcasm
           ;
           "
           
             They
             make
             Solitude
             ,
             and
             call
             it
             Peace
             .
          
        
         
           For
           my
           part
           ,
           I
           always
           thought
           the
           asserting
           and
           adhering
           to
           the
           
             Fundamental
             Constitution
          
           of
           the
           
             Great
             Community
          
           in
           the
           first
           place
           ;
           and
           next
           of
           the
           City
           of
           London
           ,
           which
           ,
           
           according
           to
           the
           
           Confessor's
           Law
           ,
           is
           the
           Head
           of
           the
           
             Great
             Body
          
           ,
           to
           be
           the
           best
           means
           to
           secure
           such
           a
           Peace
           ,
           as
           
             English
             Men
          
           may
           rejoice
           to
           transmit
           to
           Posterity
           .
           And
           I
           cannot
           but
           hope
           ,
           That
           both
           Sides
           may
           receive
           this
           my
           sincere
           Endeavour
           ,
           as
           a
           seasonable
           Peace-Offering
           .
        
         
           FINIS
           .
        
      
    
     
       
         
           Sold
           by
           
             Richard
             Baldwin
          
           near
           the
           Oxford-Arms
           in
           Warwick-lane
           .
           Price
           6
           d.
           
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A26181-e110
           
             The
             Question
             ,
          
           
             Of
             the
             Resolution
             of
             the
             Judges
             ,
             
               40
               &
               41
               Eliz.
            
             
          
           
             Vid.
             〈◊〉
             .
             de
             jure
             belli
             &
             pacis
             .
          
           
             Of
             By-Laws
             ,
             particularly
             that
             
               7
               C.
               1.
            
             
          
           
             Vid.
             Vindic.
             
          
           
             Vid.
             inf
             .
          
           
             Vid.
             inf
             .
          
           
             
               Of
               By-Laws
               before
            
             7
             C.
             1.
             
          
           
             In
             Archiv
             .
             Civ
             .
             Lib.
             Dunthorr
             .
             f.
             416.
             
             B.
             &
             Lib.
             
               O.
               f.
            
             10.
             
               a.
               The
               Act
               of
               Common-Hall
            
             ,
             24
             E.
             3.
             
          
           
             In
             Arch.
             Civ
             .
             Lib.
             
               O.
               f.
            
             10.
             18
             
             H.
             8.
             
          
           
             In
             Arch.
             Civ
             .
             Lib.
             
               O.
               f.
            
             53.
             
             
               Of
               the
               Act
               of
               Common-Counc
            
             .
             19
             H.
             8.
             
          
           
             In
             Arch.
             Civ
             .
             Lon.
             13
             
               Eliz.
               The
               Act
               of
               Common-Council
            
             ,
             13
             Eliz.
             
          
           
             Of
             the
             Act
             of
             Common-Counc
             .
             
               34
               Eliz.
            
             
          
           
             
               Com
               ,
               Council
               ,
               
                 7
                 C
                 1.
                 
                 Deucy
              
               Mayor
               .
            
             
               This
               Part
               omitted
               by
               the
               Vindicator
               .
            
          
           
             
               Of
               the
               Custom
            
             .
          
           
             *
             
               In
               Arch.
               Civ
               .
               Lond.
               lib.
               D.
               f.
               76.
               b.
               
            
             
               Causton
               
                 's
                 Case
              
               .
            
          
           
             ‖
             Solemniter
             vocatus
             .
          
           
             *
             Depositus
             fuit
             à
             libertate
             &
             de
             Aldermannia
             .
          
           
             ‖
             Posuit
             se
             in
             gratia
             Maj.
             Ald.
             &
             Communitatis
             .
          
           
             *
             
               Maj.
               Aldris
               .
               &
               coitat
               .
               super
               hoc
               eodem
               die
               consultis
               .
            
             
               Habitoque
               respectu
               ad
               impotentiam
               ,
               &c.
               
            
          
           
             
               
                 In
                 Arch.
                 Civ
                 .
                 I.
                 Lib.
                 O.
                 f.
                 10.
                 
                 A.
                 18.
                 
                 H.
                 8.
                 
              
            
             
               Of
               several
               Elections
               ,
               and
               two
               Discharges
               by
               the
               Common
               Hall
               in
               one
               Day
               .
            
          
           
             
             2d
             Choice
             .
          
           
             
             3d
             Choice
             .
          
           
             
             4th
             Choice
             .
          
           
             
             5th
             Choice
             .
          
           
             In
             Arch.
             Civ
             .
             Journal
             Seym.
             1.163
             .
             A.
             21
             H.
             8.
             
             Ralph
             Rowlet
             
               's
               Case
            
             .
          
           
             Fol.
             165.
             
          
           
             In
             Arch.
             Civ
             .
             li●
             Q.
             f.
             35.
             a.
             33
             ●
             VIII
             .
             Richmond
             
               's
               Case
            
             .
          
           
             Note
             ,
             This
             was
             upon
             the
             Hustings
             in
             Guild-Hall
             .
          
           
             Vid.
             Infra
             .
          
           
             Of
             a
             Discharge
             in
             the
             Common-Hall
             ,
             
               1
               Eliz.
            
             
          
           
             *
             4.
             
             Rep.
             f.
             93.
             
          
           
             That
             if
             the
             By-Laws
             and
             Custom
             were
             on
             the
             Side
             of
             the
             Lord
             Mayor
             ,
             Aldermen
             ,
             and
             Common-Council
             :
             Such
             By-Laws
             and
             Custom
             would
             be
             void
             in
             Law.
             
          
           
             Lib.
             K.
             f.
             
               120.
               temp
            
             .
             H.
             6.
             
             That
             for
             any
             to
             amove
             or
             discharge
             Sheriffs
             ,
             but
             the
             Electors
             ,
             is
             contrary
             to
             their
             Common
             Law-Right
             .
          
           
             *
             Lambert
             's
             Archaionomia
             ,
             f.
             148.
             
             Fundata
             enim
             erat
             ad
             instar
             &
             ad
             modum
             &
             in
             memoriam
             maguae
             Trojae
             &
             usque
             in
             hodiernum
             diem
             ,
             &c.
             
          
           
             †
             Vid.
             Rot.
             Cart.
             1
             E.
             3.
             m.
             45.
             n.
             76.
             
             By
             I
             nspex
             .
             1
             R.
             2.
             m.
             31.
             n.
             22.
             
             &
             2
             E.
             4.
             pars
             5.
             m.
             23.
             
          
           
             ‖
             Placita
             coram
             Rege
             apud
             Ebor
             .
             1
             E.
             3.
             
          
           
             *
             Journal
             Seym.
             f.
             385.
             h.
             25
             H.
             8.
             
          
           
             ‖
             Vid.
             Bir.
             Cor.
             sub
             effi●ie
             Claudil
             A.
             3.
             
             Coronatio
             Regis
             Athelredi
             An.
             989.
             
             &
             H
             1.
             
             An.
             11
             co
             .
          
           
             *
             
               Lib.
               E.
               f.
               174.
               a
               2
               E.
               3
               coram
               Rege
               .
            
          
           
             Vid.
             Mitton's
             
               c.
               4.
               rep
            
             .
             Tho.
             the
             King
             even
             before
             he
             makes
             a
             Sheriff
             grant
             away
             the
             Office
             of
             County
             Clerk
             ,
             the
             King's
             Grant
             is
             void
             ,
             because
             it
             is
             an
             Incident
             to
             the
             Sheriff's
             Office
             ,
          
           
             †
             Vid.
             
             Selden's
             
               Tit.
               of
               Honour
            
             ,
             f.
             587.
             15
             
             Johannis
             omnes
             milites
             Ballivae
             tuae
             qui
             sum
             moniti
             fuerunt
             ad
             nos
             ,
             &c.
             
             Rot.
             Claus
             .
             38.
             
             H.
             3.
             m.
             7.
             n.
             12.
             d.
             Omnes
             de
             Ballivâ
             tuâ
             qui
             tenent
             20
             horat
             .
             terrae
             ,
             &c.
             
          
           
             ‖
             Lib.
             C.
             f.
             111.
             n.
             32.
             
             E.
             1.
             
          
           
             *
             Vid.
             Grot.
             de
             veritate
             Religionis
             Christianae
             .
          
           
             †
             Vid.
             this
             in
             the
             printed
             Charters
             ,
             
               p.
               13.
            
             and
             in
             several
             
             Inspeximus's
             .
          
           
             *
             
               A
               〈◊〉
               place
               for
               Great
               Councils
               in
               the
               open
               Air.
               Hence
               call'd
               
                 Pratum
                 Concilii
              
               .
            
             
               
                 Vid.
                 Rot.
                 Cart.
                 7
              
               R.
               2.
               m.
               8.
               n.
               11.
               
               A
               Charter
               of
               Cnute's
               ,
               with
               the
               Advice
               of
               his
               Redgynen
               wisemen
               .
            
          
           
             ‖
             Rot.
             Cart.
             1
             R.
             2.
             m.
             31.
             n.
             37.
             7
             
             
               R.
               ●
               .
               n.
            
             37.
             
          
           
             †
             Rot.
             Cart.
             2
             E.
             4.
             pars
             5.
             m.
             23.
             
          
           
             *
             Vid.
             Lib.
             Q.
             Arch.
             Civ
             .
             L.
             
          
           
             ‖
             7
             H.
             4.
             c.
             1.
             
          
           
             Lib.
             
               Dunthorn
               ,
               f.
            
             442.
             
               a.
               6.
               
               H.
            
             5.
             
          
           
             †
             Mora
             questione
             inter
             Dominos
             de
             Consilio
             Regis
             mittebatur
             ,
             &c.
             
          
           
             ‖
             Quòd
             inter
             ceteras
             libertates
             Civibus
             L.
             concessus
             ac
             in
             diversis
             Parl.
             Ratificat
             .
             &c.
             
          
           
             Vid.
             Infra
             .
          
           
             A
             Question
             ,
             whether
             the
             
               Cōmon
               Hall
            
             could
             barr
             themselves
             of
             this
             Right
             .
          
           
             *
             
               Survey
               of
            
             Hobbs
             's
             Leviathan
             .
          
           
             ‖
             Grot.
             de
             Jure
             Belli
             &
             pacis
             ,
             lib.
             4.
             c.
             12.
             
          
           
             Not
             parted
             with
             by
             Implication
             from
             a
             suppos'd
             Custom
             .
          
           
             4.
             
             Rep.
             
          
           
             1
             H.
             IV.
             f.
             1.
             
          
           
             *
             Rot.
             Parl.
             2
             H.
             IV.
             n.
             30.
             
          
           
             Vid.
             Journals
             of
             the
             House
             of
             Lords
             ,
             
               Jan.
               1689.
            
             
          
           
             Jan.
             14.
             1689.
             
          
           
             Of
             Rights
             of
             Boroughs
             ,
             not
             loss'd
             by
             discontinuance
             .
          
           
             Vid.
             
               The
               Resolutions
            
             sup
             .
          
           
             ‖
             Vid.
             Pryn
             's
             4
             
               th
               Register
               of
               Writs
            
             ,
             p.
             1176.
             
          
           
             (b)
             Pr●n
             's
             4
             th
             Reg.
             p.
             900.
             28
             
             E.
             1.
             1
             
             E.
             2.
             2
             
             E.
             2.
             
               none
               since
               till
               late
               days
            
             .
          
           
             (c)
             lb.
             p
             
               ●05
               .
               26
               E.
               1.
            
             not
             before
             or
             since
             ,
             tell
             
               ut
               s●pra
            
             .
          
           
             (d)
             lb
             p.
             1●5●
             .
             26
             E.
             1
             〈…〉
             .
          
           
             (e)
             P.
             
               1180.
               26
               
               E.
               1.
            
             not
             before
             or
             since
             ,
             till
             .
             
               8
               J.
               1.
            
             
          
           
             *
             Vid.
             Inspex
             .
             Rot.
             Cart.
             7.
             
             R.
             2.
             m.
             8.
             n.
             11.
             
          
           
             †
             Cart.
             Antiq.
             in
             Tur.
             Lond.
             Litera
             P.
             n.
             ●
             .
          
           
             ‖
             Cart.
             Orig.
             Bib.
             Cotton
             .
          
           
             Of
             the
             Choice
             of
             Common-Council
             Men.
             
          
           
             Vid.
             
               Act
               of
               Com.
               Council
            
             ,
             Anno
             1692.
             f.
             2.
             
          
           
             Of
             Resolutions
             of
             Ju●●es
             to
             this
             Point
             .
          
           
             Bulstrod
             ,
             f.
             71.
             
             
               Corp.
               of
            
             Colchester
             .
          
           
             Vid.
             1
             st
             Inst
             .
             f.
             347.
             
             Lit.
             Sect.
             695.
             
          
           
             Stat.
             
               2.
               
               W.
            
             &
             M.
             Sess
             .
             
               1.
               
               C.
               8.
            
             
          
           
             The
             higher
             Controversy
             rais'd
             by
             the
             Vindicator
             .
             
               P.
               1
               ,
               2
               ,
               3.
               
            
          
           
             Of
             the
             Authority
             of
             the
             Common-Hall
             .
          
           
             Of
             the
             Rights
             and
             Liberties
             belonging
             to
             the
             Body
             of
             Freemen
             .
          
           
             (a)
             Lambert
             's
             Archionomia
             ,
             f.
             148.
             
          
           
             (b)
             That
             is
             their
             Earl
             ,
             or
             other
             chief
             Commander
             .
          
           
             (c)
             His
             Reign
             began
             ,
             
               Ann.
               924.
            
             ended
             940.
             
          
           
             (d)
             Vid.
             Corpus
             Legum
             in
             Bibliothecâ
             Cottonianâ
             sub
             E●fi●
             .
             Claudii
             D.
             f.
             14.
             c.
             
          
           
             (e)
             Hoc
             est
             constitutum
             quod
             Episcopi
             ,
             &
             Prepositi
             qui
             Londinensi
             Curiae
             pertinent
             ,
             e●ixerunt
             &
             jure
             jurando
             confirmaverunt
             ,
             in
             suo
             Fridegildo
             .
             Comites
             &
             villani
             in
             adjectione
             judiciorum
             quae
             apud
             Grate
             leiam
             ,
             &c.
             
          
           
             (f)
             Excipiatur
             imprimis
             captale
             repetentis
             ,
             &
             dividatur
             postea
             superplus
             ,
             &c.
             
          
           
             (g)
             Diximus
             ut
             unusquisque
             nostrum
             ponat
             unum
             denarium
             ad
             nostrum
             commodum
             ,
             &c.
             
          
           
             (h)
             Et
             habeamus
             nobis
             omnes
             eam
             inquisitionem
             .
          
           
             (i)
             Fraternities
             by
             Tens
             .
          
           
             (k)
             Quando
             ipli
             gildare
             debebunt
             .
          
           
             (l)
             Et
             quid
             recipiant
             ,
             si
             nobis
             Pecunia
             surgat
             ,
             à
             nostro
             communi
             locutione
             .
          
           
             *
             
               Vid.
               Leges
               Sancti
               Edw.
            
             Declaring
             they
             shall
             be
             held
             weekly
             every
             Monday
             ,
             and
             so
             in
             Charters
             after
             tha●
             time
             .
          
           
             †
             Mic.
             19
             E.
             2.
             coram
             Rege
             Rot.
             22.
             
          
           
             Lib.
             de
             antiquis
             Legibus
             in
             Archiv
             .
             Civ
             .
             f.
             132.
             a.
             A.
             1272
             
          
           
             *
             Rot.
             Par.
             12
             E.
             2.
             m.
             2.
             par
             .
             2.
             
          
           
             †
             Et
             si
             non
             sint
             de
             certo
             mysterio
             ,
             tune
             in
             libertatem
             non
             admittantur
             sine
             assensu
             communitatis
             civit
             .
             illius
             .
          
           
             ‖
             Rot.
             cart
             .
             1
             E.
             3.
             m.
             33.
             n.
             68.
             
          
           
             *
             Ib.
             Et
             quod
             nullus
             nisi
             petillos
             incromittat
             infra
             civir
             .
             de
             cor
             .
             ministerio
             ;
             nisi
             fit
             in
             eor
             .
             gilda
             .
          
           
             †
             In
             Arch.
             Civ
             .
             lib.
             de
             antiq
             .
             leg
             .
             de
             A.
             1270.
             54
             
             H.
             3.
             in
             Hustingo
             vestro
             vel
             ad
             crucem
             ,
             &c.
             
          
           
             *
             Rot.
             de
             18
             E.
             1.
             
             
               A
               Grant
               of
               a
               Message
            
             prope
             communem
             aulam
             in
             civitate
             Lond.
             
          
           
             ‖
             In
             Arch.
             civ
             .
             Lib.
             Dunthorn
             ,
             f.
             416.
             
             
               The
               Ordinance
            
             20
             E.
             3.
             
             De
             assensu
             totius
             communitatis
             in
             Gihaldâ
             
          
           
             †
             Lib.
             X.
             f.
             73.
             13
             
             Eliz.
             congregatio
             Majoris
             ,
             Ald.
             &
             totius
             civitatis
             in
             Gihaldâ
             .
          
           
             *
             Cartae
             antiq
             .
             in
             Tur.
             Lond
             :
             R.
             n.
             18.
             
          
           
             †
             Suam
             Hansiam
             ,
             &c.
             
          
           
             ‖
             Ibid.
             
          
           
             *
             Bertius
             de
             Urbibus
             Germaniae
             ,
             p.
             25.
             ●oedus
             &
             concilium
             prisca
             Germanorum
             voce
             Hansan
             dicunt
             .
          
           
             †
             An.
             1215.
             17
             
             J.
             
          
           
             ‖
             Vid.
             Dr.
             
             B's
             Appendix
             to
             his
             compleat
             History
             .
          
           
             *
             Rot.
             Claus
             .
             11
             H.
             3.
             
          
           
             †
             Lib.
             Dunthorn
             in
             Arch.
             Civ
             .
             f.
             89.
             temp
             .
             E.
             1.
             
          
           
             ‖
             Rot.
             cart
             .
             4
             Joh.
             p.
             2.
             m.
             28.
             n.
             188.
             
             Gipsewich
             Burgus
             ,
             Quod
             iidem
             Burgenses
             nostri
             per
             commune
             concilium
             villarae
             suae
             eligant
             ,
             &c.
             
             Lib.
             D.
             f.
             46.
             25
             
             H.
             3.
             
          
           
             *
             In
             Arch.
             Civ
             .
             Lib.
             de
             antiquis
             legibus
             3
             E.
             1.
             
          
           
             †
             Venientibus
             Maj.
             &
             Civibus
             ad
             Gildhalliam
             ad
             coia
             placita
             placitanda
             
          
           
             ‖
             Pervenientibus
             Majore
             &
             Civibus
             in
             Gildhalliam
             ad
             placita
             quae
             incoata
             fuerunt
             ,
             &c.
             
          
           
             *
             Tempore
             Majoratus
             sui
             tenetur
             conservare
             &
             observari
             facere
             omnes
             assisas
             factas
             per
             Aldermannos
             &
             discretiores
             viros
             civitatis
             ,
             &c.
             
          
           
             †
             Contra
             totam
             communitatem
             civitatis
             ,
             &c.
             
          
           
             ‖
             Et
             à
             consilio
             civium
             in
             perpetuū
             privatus
             
          
           
             *
             Rot.
             Cart.
             2
             Joh.
             m.
             16.
             n.
             44.
             
          
           
             †
             Lane
             's
             Rep.
             f.
             21.
             
          
           
             ‖
             
               Vid.
               communia
               de
               term
               .
               St.
               Hil.
               19
               E.
               2.
               
               Rot.
               penes
               rememb
               .
               in
               secio
            
             where
             
               Thomas
               de
               Furnival
            
             pleads
             ,
             That
             he
             was
             no
             Baron
             ,
             nor
             held
             his
             Land
             by
             Barony
             ,
             or
             part
             of
             a
             Barony
             ;
             yet
             Father
             and
             Son
             had
             been
             specially
             summoned
             to
             a
             great
             many
             Parliaments
             from
             the
             
             3d
             of
             
               E.
               1.
               downwards
               .
               Vid.
               Rot.
               Claus
               .
               23
               E.
               1.
               m.
               9.
               dorso
               24
               E.
               1.
               m.
               7.
               dorso
               ,
               &c.
               
            
          
           
             *
             Carter
             
               's
               Reports
            
             ,
             f.
             122.
             
          
           
             Rot.
             Claus
             .
             8
             E.
             2.
             m.
             3.
             
             Temporibus
             retroactis
             .
          
           
             In
             Arch.
             Lib.
             Dunthorn
             .
             f.
             313.
             a.
             414.
             b.
             Etautres
             bones
             gentz
             de
             la
             dite
             Citee
             que
             per
             ministrez
             de
             mesine
             la
             Citee
             illoques
             avenir
             especialment
             sont
             somons
             ,
             &c.
             
          
           
             A
             Representation
             by
             Mysteries
             first
             settled
             in
             the
             Council-Chamber
             with
             Authority
             to
             make
             By-laws
             .
          
           
             Vid.
             
               A
               Paper
               entituled
            
             ,
             The
             Right
             of
             the
             Citizens
             to
             elect
             Sheriffs
             ,
             
               &c.
               citing
               the
               Books
               in
            
             Gild-hall
             ,
             20
             E.
             3.
             
          
           
             This
             ,
             according
             to
             the
             Reference
             which
             I
             have
             to
             that
             time
             ,
             is
             
               Lib.
               Dunthorn
               ,
               f.
               416.
               b.
               417.
               a.
               
            
          
           
             In
             Arch.
             civ
             .
             lib.
             C.
             f.
             6.
             a.
             21
             E.
             1.
             
          
           
             Ibid.
             
          
           
             *
             43
             or
             44
             E.
             2.
             
          
           
             †
             In
             Arch.
             civ
             .
             Lond.
             lib.
             Legum
             ,
             à
             15.
             
             E.
             3.
             
          
           
             *
             Et
             islirent
             ,
             certain
             Persons
             en
             qui
             eux
             ils
             se
             tendront
             content
             .
             &c.
             
          
           
             In
             Arch.
             civ
             .
             L.
             lib.
             H.
             f.
             45.
             50
             
             E.
             3.
             
             Ward
             Mayor
             .
          
           
             *
             In
             Arch.
             civ
             L.
             lib.
             H.
             f.
             198.
             b.
             
          
           
             †
             Rot.
             in
             ●ur
             .
             Lond.
             8
             R.
             2.
             
          
           
             ‖
             Cleped
             .
          
           
             Journ
             .
             Foster
             .
             f.
             1●6
             .
             a.
             210
             ,
             b.
             218.
             b
             ,
             32
             ,
             &
             33
             H.
             6.
             
          
           
             ●id
             Inf.
             
          
           
             Lib.
             L.
             f
             〈…〉
             6
             H.
             〈…〉
             Mai
             A.
             〈…〉
             mu●●
             .
             〈…〉
             Gard●●
             〈…〉
             &
             al.
             〈◊〉
             ru●n
             〈◊〉
             omnium
             ●●●steria●um
             .
          
           
             The
             Common-Council
             a
             Creature
             of
             the
             Common-Hall
             .
          
           
             The
             Foundation
             of
             the
             present
             Common-Council
             .
          
           
             *
             In
             Arch
             civ
             .
             lib
             H.
             f.
             262.
             b.
             15
             R.
             2.
             
          
           
             †
             
               Ib.
               f.
               300.
               a.
               18
               R.
               2.
               
            
             
               In
               Arch.
               civ
               .
               lib.
               H.
               f.
               173
               ,
               &
               197.
               
            
          
           
             ‖
             Immensae
             Communitatis
             ,
             proborum
             ,
             &c.
             
          
           
             *
             ●ot
             .
             Petitions
             .
          
           
             †
             
               This
               seems
               not
               very
               good
               sense
               :
               but
               the
               Original
               is
            
             Ad
             ordinandum
             cum
             maturâ
             deliberatione
             quomodo
             judicia
             tempore
             praeterito
             in
             Communi
             Concilio
             reddita
             &
             facta
             ,
             &c.
             fiebant
             .
          
           
             ‖
             Par
             causeque
             ,
             &c.
             
          
           
             Note
             ,
             They
             chosen
             only
             to
             advise
             the
             
               Mayor
               ,
               Aldermen
            
             ,
             and
             Commons
             .
          
           
             Note
             ,
             A
             probationary
             Order
             .
          
           
             Note
             ,
             The
             Aldermen
             used
             to
             be
             chosen
             annually
             .
          
           
             Vid.
             The
             rest
             in
             the
             Right
             of
             the
             Common-Hall
             ,
             &c.
             
          
           
             
               Rot.
               Pat.
               21
            
             H.
             6
             p.
             
               1.
               
               M.
               25.
            
             
             To
             several
             Parishioners
             there
             .
          
           
             (a)
             Vid.
             Rot.
             Pat.
             12
             E.
             2.
             m.
             5.
             n.
             4.
             pro
             mercatoribus
             de
             societate
             Gardarum
             de
             Florentiâ
             .
          
           
             Of
             the
             Nature
             of
             By-Laws
             ,
             and
             the
             Common-Council's
             Pretence
             to
             make
             '
             em
             .
          
           
             Moor
             
               's
               Rep.
               f.
            
             576
             ,
             &
             591.
             
          
           
             5
             
               Rep.
               f.
            
             63.
             
          
           
             Anno
             1693.
             
          
           
             Bracton
             ,
             lib.
             1.
             c.
             2.
             
             Temp.
             H.
             3.
             
          
           
             Vid.
             
               By
               Inspect
            
             .
             Rot.
             Cart.
             R.
             2.
             
             M.
             31.
             n.
             22.
             
          
           
             5
             Rep.
             sup
             .
          
           
             Journal
             Cotes
             ,
             f.
             103.
             36
             
             H.
             8.
             
          
           
             Bagg
             
               's
               Case
            
             ,
             11.
             
             
               Rep.
               f.
            
             99.
             
          
           
             *
             In
             Arch.
             Civ
             .
             
               Journal
               Haddon
               ,
               f.
            
             34.
             
               a.
               and
               b.
            
             Aylmer
             Mayor
             ,
             23
             H.
             7.
             
          
           
             ‖
             Commune
             consilium
             ac
             immensa
             multitudo
             communario
             um
             in
             penultimâ
             liberaturâ
             .
             Note
             ,
             
               This
               is
               not
               according
               to
               the
               Ordinance
               ,
            
             15
             E.
             4.
             
          
           
             
               Communiarii
               in
               ultima
               liberaturâ
               .
            
             
               
                 That
                 the
                 present
              
               Common-Hall
               
                 did
                 not
                 receive
                 its
                 Being
                 ,
                 or
                 Authority
                 ,
                 from
                 such
                 a
              
               Common-Council
               
                 as
                 now
                 acts
              
               ,
               &c.
               
            
          
           
             Vindic.
             p.
             2.
             
             Li.
             l.
             Young
             Mayor
             .
          
           
             Vindic.
             p.
             3.
             
             Lib.
             L.
             f.
             113.
             
          
           
             Vindic.
             
               p.
               8.
            
             
          
           
             Caput
             legum
             &
             Regni
             .
          
        
      
    
  

