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?
      
       
         
           1695
        
      
       Approx. 165 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2007-01 (EEBO-TCP Phase 1).
         A26181
         Wing A4180
         ESTC R28315
         10521999
         ocm 10521999
         45191
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A26181)
         Transcribed from: (Early English Books Online ; image set 45191)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 1394:23)
      
       
         
           
             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.
          
        
      
    
     
       
         Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.
         Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).
         
          Keying and markup guidelines are available at the
           Text Creation Partnership web site
          .
        
      
       
         
         
      
    
     
       
         eng
      
       
         
           City of London (England). -- Court of Common Council.
           Sheriffs -- England -- London.
           London (England) -- Politics and government.
        
      
    
     
        2006-03 TCP
        Assigned for keying and markup
      
        2006-06 SPi Global
        Keyed and coded from ProQuest page images
      
        2006-07 Emma (Leeson) Huber
        Sampled and proofread
      
        2006-07 Emma (Leeson) Huber
        Text and markup reviewed and edited
      
        2006-09 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           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
             .