A Defence OF THE CHARTER, AND MUNICIPAL RIGHTS OF THE City of London. AND THE RIGHTS of other Municipal Cities and Towns of ENGLAND. Directed to the Citizens of LONDON. By THOMAS HUNT. Si populus vult decipi decipiatur. London: Printed and are to be sold by Richard Baldwin, near the Black Bull in the Old-bailey. THE greatest EMPIRES and Monarches in the World, as well as Republics have erected, and by their Authorities supported municipal Cities, That is to say, they have either allowed, or given Authority by their Charters and Imperial Rescripts to great Towns, to choose their own Officers and Magistrates, and to govern themselves by their own Laws, so that their Laws were not contrary to the public Laws of the Sovereign Authority. They well knew by this means, that great Collective Bodies of their People would be governed more equally and virtuously, which would redound to the honour of the Monarch; for in that all powers have been continued by him with firm approbation and good liking or derived from him: The wise and just administration of such powers and authorities, by this means better secured and provided for, would commend his Government and give him the hearts of his People, and likewise make him a Prince of better and more virtuous Subjects. For it is hardly possible, that Mankind should miscarry in their own hands. It is impossible, that there should be such a defection in the communities of men, from Wisdom and Virtue, that they should not acknowledge, honour and prefer them in whomsoever they are found and observed, and choose such men into Office that are most conspicuous amongst them by such endowments, or at least such as have not disgraced themselves by their vices and folly. If by a less heedful choice now and then by inadvertency or surprise a less worthy man is chosen into Office. They soon espy their mistake, and the mischiefs they suffer under such a Magistrate makes them more curious in their after-choice, and gives the succeeding Officer an advantage of making himself more honourable by correcting the evils the negligence of a bad Magistrate had occasioned. They found by experience, that Governors appointed by the Court were ordinarily Oppressers, sought not the People's good but their own gain and advantage: for that they had no dependence upon the people, but on the favour of the Court where no complaint could be heard against them. They received no trust from the People, nor were promoted by their esteem, they consequently were apt to behave themselves as if they owed them no duty, and little valued their opinion. What can be expected in such Governors, but insolency and oppression, and an addictedness to serve their Court-Patron beyond what they own to their Prince's pleasure. Law is neglected which is the public will and pleasure of the Prince, and they govern themselves by the Secret whispers of the Courtier that prefers them. Princes that were most absolute did take themselves bound to govern by such measures, that were most expedient to procure the public weal. They therefore governed by Laws, and for the Honour of their high Authority they would not transgress them, they governed by Laws that were well advised Counsels, from which they would not departed, and not by Extemporary resolves. They knew that nothing did more conduce to the happiness of the people, than to have the aptest men appointed to all Offices; they did not trust themselves, nor their Courtier's nominations or recommendations to make Magistrates in great Cities, but committed the choice of them to the people, and also gave Towns and City's power and authority to make orders, and rules for the better governing of themselves agreeable to the public Laws. These powers constitute municipal Cities which have been always favoured by the best of Princes. The suppressing of Corporations and Communities hath disgraced the Memory of bad Princes; so bad, that to name them would be a reproach to the best of Kings; it hath been practised by Usurpers and Conquerors, the better to subdue Countries to their pleasure. The Colleges & Societies of Rome were a second time put down by Julius Caesar, when he got to be perpetual Dictator, and was about to ravish the Roman liberty, but were by Augustus when he had assured the Government to himself by express Edict restored. The Roman suppressed the free Cities in Macedonia when they first Conquered it, & Mummius their Consul in Greece, when Conquered concilia omnia Achaiae Nationum & Phocensium & Boetorum aut in alia parte Greciae delevit, as Livy tells us: But after they had submitted to the Romans, Antiqua cuique Genti concilia restituta sunt; their Cities were restored to their Governments, Strabo. But after this we are very unfortunate, that whilst we enjoy a Prince that hath assured us he will govern by Law, that no right or liberties shall be invaded: a Prince that wants no Power, that is not by unquestionable right and Law established upon him, any pretence should be found, from our unhappy divisions to make it seem convenient for maintaining the public peace, that all Officers and Magistrates in Corporations must be made at the Courtier's nomination, and that too precariously, and the Succession such only as shall be by them approved. But whatever specious show of convenience they may have in our present Divisions (which have arisen, and have been blown up since the Discovery of the Popish Plot by the Conspirators themselves) yet when we consider, that by this new Form of Corporations, it will be in the Power of a Popish Successor, to put the Government of all corporated Towns in England into the hands of Papists. This project appears to have such a direct tendency, and is so certain, and infallible a course to extirpate the reformed Religion established by Law: That upon a due consideration had of this unavoidable consequence of these Counsels, His Majesty will retract them we doubt not, who hath solemnly declared he will support the Protestant Religion established by Law; And punish those officious persons, who have to the Scandal of His Majesty's Government, by force or fraud surrendered their old Charters to the purpose, to submit to such like unheard of modes of incorporation, that are not only inconsistent with the Ends of a Corporation at present, but threaten us with an immediate overthrow of the Protestant Religion in case of a Popish Successor. It would be a sad Issue of the Discovery of the Popish Plot, if after the several endeavours and overt Agreements to consent to Laws for disabling him to change our Religion: There should in so short a time after that such a Power be given from ourselves, as will more effectually enable him to extirpate the reformed Religion, than any Law that could be made for preventing thereof, could possible thereto disable him. To what a madness and frenzy hath our heats, and animosities brought us. That one party of Protestants should practise to get the Government over another part in such sort and manner as will infallibly bring up the Papists into all Governments in Cities and Corporation Towns, and in consequence thereof give us at the next Turn, a Parliament of Papists, and Red-coats. But this is not all, for I know there are many that have not concern for God's Religion, that have no other Religion but Loyalty, and believe the only Deity is Earthly power and Sovereign Authority: Yet such have some conscience, that the ancient Government ought to continue, and that attempts to change it are criminal in the Advisers. I shall therefore add, that this new Mode of incorporating Cities and Towns, doth ipso facto, change the Government: For that one of the three States, an essential part of the Government, which is made up of the Representatives of the People, and aught to be chosen by the People, will by this means have five Sixths' parts of such Representatives, upon the matter of the Courts nomination, and not of the People's choice. What will be the consequence of such a Parliament, I leave all considering men sadly to weigh and ponder, and whether this is not a change of the Government, let the Advisers thereof in time resolve themselves. Amongst Plutarch's Apothegmas I find this saying of Dionysius the Tyrant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That is, the Laws of a City may be wronged, but the Laws of nature cannot be violated; the nature of things will not change at pleasure, the continuing of the old name doth not continue the old constitution after an essential change Res nolunt decipi. Nor will the Nation contentedly see the Government changed; we retain Loyalty enough to prevent it, and our loyalty is strengthened with our concern for our Religion, and a National interest against Popery. Our Enemies know, that they can never prevail and bring their design, of changing our Religion, to effect; Without first changing the Government, and the present constitution of Parliaments. To make the Nation therefore obedient to their design, we are to have a Parliament of their nomination by this new mode of incorporating Towns, Dr. bradies Precedent, fol. 249. of writs directed to the Sheriff, to Summon one Knight for a County, and one Citizen for a City, named in the writ in 27 E. 3. (which appears by the record itself not to be a Summons to Parliament) is not of weight enough to make it downright lawful for the King to name, who shall be of the House of Commons, Obliquandi sunt sinus by this side-wind they may gain the point. But to prepare the People for admitting this illusion to pass upon them, our latest Parliaments are to be disgraced. A Cabal takes upon themselves to Censure and arraign their proceed, and expose them to the Nation under what misrepresentations they please, because they would not be confined to their Will and pleasure, whereas every man's loyalty (certainly) is to be measured by his agreeableness to their projects. They endeavour to make the Nation believe that a convention of the best bred Gentlemen in England of the greatest fortunes, do not understand the interest of the King and Kingdom, nor are so faithful to it as a few men got together by chance, that are accumulating honours, and making their fortunes by notable projects upon the Government. Tho unhappy they are, that they have not yet made themselves conspicuous, either for their Wisdom or Virtue. But whatever, that great Assembly resolves in any matters; That by the Laws and Customs of Parliament, fall under their deliberation (though Kings have the liberty of dissenting, as they have likewise a liberty of dissenting from the King's desires, for no Law can be made without them; and they who have the Power to give moneys, can deny it when asked) it is a Crime to Censure and blame them. And a Crime of a high nature, it must needs be in any Subject of this Government, for that it tends to the destruction of the Government itself. But endeavours to lay them aside, is Treason against the King, his Crown and Dignity, for that it will make him a very mean King, or turn him into a Wicked and Miserable Tyrant. And therefore our best Kings have always had a high Regard to their Parliaments, and if it be a Crime to dishonour the King, it is so likewise to disgrace Parliaments. And he is a dolt or a Papist, and a Traitor to the Government; that doth not thus conclude and determine. If it be a Scandalum Magnatum to reproach a mean Judge, for erring and mistaking in his Office. It is insufferable, that a vile Pamphleteer should revile the States of the Realm for the exercise of their high and Authority; such insolences against the Government, ought not to be respited until doomsday, or the Sitting of a Parliament. But ought immediately to be prosecuted by every man that loves his Country, and the public peace, to condign punishment. But if these arts should prevail to bring about a change in our Government (as they cannot sure in the Reign of our present gracious King, who hath given us assurance in his public declarations against such fears) yet our Enemies know, that their numbers are not visibly great: And they can have no hopes of subduing the Nation to their Religion by their own numbers, and by their own proper strength. They have therefore engaged a party of Protestants to their assistance, by raising in them apprehensions of a party of Protestants, which they call dissenters, as dangerous to the Government and the Church of England, against whom therefore they ought in every thing to be contrary. Many Protestants they have thus abused, and divided from the true interest of the Church of England, and have engaged them in courses, that tend to her destruction under the pretext of their being contrary to her Enemies the dissenters. They are taught to hate a Presbyterian as a Jesuit, or to have as much kindness for a Jesuit as a Presbyterian, which will better serve the purpose of an Observator. This Frace-maker and Scaramuchi to the vain youth of the nation, is ever interchanging the Characters of men, disguising truth with colours of falsehood, pleasantly deceiving you with the shift and turns of his inept Wit, and making himself merry with the abuse, confounding things of the most separate nature to embroil us, to do us into confusion, and to make the Nations Tragedy. If the Church of England had not been divided by these Arts, and mingled with her Enemies; the Church of England united would have been able to have defended herself against all the Power of the Popish Faction, if it were much stronger than it is, and by an easy Temperament have in time cured the frowardness of the Dissenters, and accommodated the Schism, that the Papists, the irreconcilable Enemies of our Religion at first occasioned, and at present by these Methods manage and improve to its Destruction. The Division that our Enemy's have made amongst you, for this purpose, is that which opposeth your Charter, and the continuance of your municipal rights, and in this, you of that Division, do minister to their Design. As many as are for destroying the Charter, are for no Parliament, or for the new designed Constitution of Parliaments, have more hatred against the Dissenters than Zeal against Popery. Their Loyalty is Slavery, their Religion the Prince's pleasure. They are not for a legal Defence of their Religion, but abandon it, to neglect, mock us with Prayers and Tears, and expose us to Martyrdom, plead for a Popish Successor, and are forward advocates against their Religion, Lives and Liberty, invite Tyranny, call for Persecution, seem fond of Fire and Faggot. Some of little understanding among you that thus behave yourselves, are excusable as misguided by some of your Ministers, who are in good earnest begging Preferments, Dignitys and Benefices for themselves, by offering and betraying up our Church to a voluntary Martyrdom. But these good men and merciful do not intent to sing a Finger of their own; It is enough for them to commend Martyrdom. The Honour they do thereby to the Christian Religion, doth deserve they should be exempted; It is too much in all reason both to do and suffer, and to exhibit both active and passive obedience. It is wonderful that that cause, that could not yet draw one professed Popish Priest to write for it; tho' so much it is for their interest to have it defended, because it is not by any colour of reason to be defended, they can be any thing it seems, but Fools, for their Religion, and they will not so disgrace it: It is a wonder that that cause hath found Writers and Preachers for it of our Protestant Divines. But the Roman Priests have our Church in Derision, certainly for the sake of the dishonesty, weakness or folly of these men. The most fitting return to these men, is a scornful silence, or rather to note them with ignominy, for undertaking what the Roman Priests are ashamed of. That, which is too hard for the Learning and Wit of the Roman Clergy, to manage with any Advantage to their Design, some of our Churchmen have undertaken without any moderate Talon of either to their own shame, & dishonour to our Church; nay she is like to perish dishonourably by this means, and her destruction is to come from herself. Besides the dishonesty of such an undertaking is notorious in our Ministers. The Priests of the Popish Religion in France, did not write against the Exclusion of the King of Navarre from the Crown of France. Id quamcunque decet maxime quod maxime est suum. Most certainly therefore it doth not become a Protestant Minister to tie his People to the Stake to kindle the Papists Fires, and to be their Hangmen and Executioners: To be Solicitors for the Abolition of that Religion they profess, and are bound to teach and propagate. But such men as these have helped to make the Division of those Men, that are against Charters, and Governments of municipal Cities and Towns, (which are the greatest defences against Popery) more numerous. But to make the Number less, and to sift you to the Bran, I pray reflect a little. For you cannot be ignorant of their devices, for the subverting of our ancient Government, that Popery may steal in upon us and surprise us, which hath been in this last Age by various Methods of wickedness compassed. But all their devices have been hitherto defeated and frustrated. The City hath recovered out of the ashes, to which the Popish Fires reduced it: Armies have been disdanded, and their Plot against the King's life detected, and brought into noon daylight, declared, prosecuted and punished by that very Parliament, that the Popish Conspirators attempted to corrupt to betray our Government: But that they could never obtain from that Parliament, though obliquely it gave them many Assistances. That Parliament was a Parliament of famous Loyalty. Yet they disbanded Armies, and never legitimated the Guards; detected the Papists firing the City, opposed an alliance with France, addressed for a War, impeached obnoxious Ministers, D L. E D. etc. kept the purse of the Nation, opposed general indulgence, and the destruction thereby intended by the Conspirators, of the Church of England, the Bulwark of the Protestant Religion, and declared the Popish Plot. Against this Parliament they could never have objected the mischiefs of that in forty one. If there was no other reason therefore for dissolving that Parliament, our Conspirators had, from this end only, sufficient reason to get it dissolved. Dissolve them they might, disgrace them with such imputations they could not. But the subsequent Parliaments, though consisting principally of the same members, prosecuting the same design, acting by the same measures, and in the same methods for the preservation of our Government and Religion. Though with some accession of zeal, which the inveterate evil growing more bold, audacious and enterprizing did occasion and require; are therefore charged with designs upon the Government, and of all the Evils that followed forty one, again to be Acted over upon this Nation. And by this trick, and the deceivableness of mankind they have brought it about, that the Conspirators themselves have gotten the reputation with some abused men of the truly Loyal, even for their having Parliaments in contempt: And those that are truly so are charged for men factious and seditious, and of the forty one leaven, for that they esteem Parliaments to be part of the Government. Parliaments themselves made odious or at least not desirable, and the true Government at least suspended, and ready to be abolished or made quite another thing, under the old name for the better subverting with some colour our ancient Government and the English Liberty. But whatever is pretended, the last Parliaments had no greater fault than this (viz.) That they did make some overturs for reducing the Schisms, and making the terms of the Communion of our Church receptive of the dissenters, (lest they should join with the Papists against her for such an indulgence, as would quite destroy our Church, and is utterly inconsistent with any national Church whatsoever,) this would have rendered the Popish conspiracy desperate. Since that a greater hatred hath been raised against the dissenters. And it is brought about that some Churchmen are grown angry therefore with Parliaments, and are become willing they should be laid aside, as not friendly to their order, and it is no wonder if they have seduced some of you of less consideration to join with them in such sentiments. Heavy things are laid to the charge of the Dissenters at present, though it is not long since they embraced them, and since that time they are not a jot the worse, save that they have showed themselves steadily averse to Popery, and that they are not to be bribed off by any assurance of a common Indulgence. The Dissenters are represented and exposed as Enemies to the Church of England, for which the Conspirators have undoubtedly an unfeigned kindness (if you will believe them) they get them persecuted for her sake merely, and as her Enemies. But the truth is, these men have truly an utter abhorrence against Popery and the Plot, and join forwardly and zealously against it. This their commendable zeal against Popery the Conspirators give out, and make it believed is their zeal for their own peculiarities, for their dividing way, and for those things wherein they differ from us. They have affrighted the Church of England, with designs of those men against her, even in these their actings and appearings against Popery and the Plot. What these men endeavour against Popery, some that are of the Church of England do oppose for no other reason, but for that they desire it. And they are contrary to those of the Church of England, with whom these Dissenters do concur, in any thing though never so conducible to the preservation of the Nation and our Religion; and the Conspirators have now made and reckoned, even such also of the adverse party Whigs and fanatics, and every thing they say or do is opposed, thwarted, contradicted and censured as disloyal and fanatical. It is now come to pass, that no man's reason is regarded; the true state of things, and our present condition, the arts of our Enemies and their designs are not considered: But whatever we say or do is fanaticisme, savours of forty one. By this Artifice they tie together a sort of men amongst you that consider little, and make of them an obstinate party which they Act and manage, and engage in courses, which tend to their own and the public ruin, with an utter neglect of Rights, Laws, and ancient constitutions; nay, they endeavour to subvert them all, that they may more certainly and speedily arrive at the mischiefs designed by our Enemies. The greatest fear of the loss of your Charter and City is from yourselves. Your Charter Government and Privileges have no Enemies that can hurt them, but yourselves, against you it is only that your Charter comes to be defended. So transported are some of you grown with the humour of opposition and contradiction, since the discovery of the Popish Plot, against some that are called Dissenters: Which is brought about by the ammusing arts, and impostures of the Conspirators: That you are become eager for the destroying of your Charter, because these Dissenters have concurred with the majority in defending it. Your Charter had never been attached if some of you had not been persuaded to be willing to forego it, and at the same time seem to be weary of the ancient Government, and careless of your Religion, and willing to part with them too, by the Embraceries of such Persons that fear a Parliament more than Doomsday. By the influences of these Men who are for making a New Government, because they cannot Live under the Old, you are made content to forego your Charter, and the Ancient Government, the safeguard of our Religion and the English Liberty, for such new Establishments as these confiding Men will form and contrive for you: who will use you most certainly as your easiness doth deserve. No Quo Warranto had ever been brought against your City to destroy your Corporation and Government, for petitioning His Majesty for a parliament in a time of a Popish Plot at home detected, but not duly punished nor prevented, when we are under the Fears of a Popish Successor, against which Parliaments have heretofore consulted how to secure our Religion, and of the growing power of France which every Man living apprehends; had not some for no other reason, but that they will be against Dissenters disliked petitioning. Your dislike of petitioning is the only reason in the World for the unlawfulness of it. Without that it had been impossible to have had a Lawyer's opinion, that a Petition to the King was unlawful; made in form as the Law directs or allows, for a thing lawful and necessary (viz.) that we might have our Government in use, when we had the greatest need of it, and that a Parliament might sit when we were under Evils scarce sufferable, that no Power or Authority but that of a Parliament could redress. Lawyers have opinions to sell at any time, if they have the opinion of a forward and probable Dr, (tho' never so corrupt or corrupted to mistake) or of the many to countenance them, tho' they have not the least colour of reason to support them. And according to their Fee and Expectation they seem confident, must look assured, and tell you they have a very good Cause; this they can with some Face do, in case any Error or Mistake hath prevailed to deceive many. You yourselves being first deceived, they take money, and are not bound to disabuse you; especially when you are resolved not to change your opinion, and act agreeably. But if that Petition had been assisted and promoted by yourselves too, it might have prevailed; for the best of Kings do not refuse the universal Desires of the People, and the Nation had long since been discharged of all the Evils, that now disquiet us. But by your dissent from it, it hath got the appearance of a Crime: And the Plotters have got this advantage upon us thereby, that His Majesty is not like to have any Petitions against them, since they are declared ungrateful to His Majesty, and he is become more inaccessible. They have brought it about, that it is now accounted a fault to desire a Parliament, that only can and will redress our Grievances. I will shortly show you how contrary you are herein to the provision of our Law, and that you have herein deprived as much as in you lies, your fellow Subjects of their rights in the Government. By the Stat. of 4 Ed. 3. C. 14. 36 E. 3. C. 10. It is provided that Parliaments be holden once every Year, which are confirmed by an Act of this King called the Triennial Act. In 25 E. 3. Statute of Provisors are contained these Words. That the right of the Crown of England, and that the Law of the said Realm is such, that upon the mischiefs and damages which happen to the Realm, the King ought and is bound by Oath with the accord of his People in his Parliament to make remedy, and Law, in removing the mischiefs and damages which thereof ensued. King Ed. 1. did appoint certain select Persons of the Clergy and Laity, to examine the wrongs done to his People by his Ministers, in order to the redress thereof in the approaching Parliament. 17 Ed. 3. Dor Memb. 2. In the 15th. of Ed. 3. a Declaration was openly made in the Parliament, que chescum (saith the Rolls) que se scent grevez per le Rey ou ses Ministers ou autres que ils metroient lour petitions avants & ils averont bone & conenable remedy i. e. That all People which found themselves aggrieved in any matter, even by the King himself, his Officers or others should bring forth their Petitions, and thereupon should have good and convenient remedy to them ordained Rot. Parl. 15 E. 3. Numb. 5. the like was done by the very Writ of Summons of Parliament 21 E. 3. part 2. Dor Memb. 9 and in open Parliament 37 Ed. 3. Rot. Parl. N. 2. The Divines, that have no care how to prevent the impendent Evils, will allow us at least Prayers and Tears. Sure then, than they ought to give us leave to petition the Throne, and shed the Tears of Suppliants at the Footstool of His Majesty. When they encourage men in their importunities to God Almighty, by remembering the Parable (that our Saviour used to that purpose) of the unjust Judge, that neither feared God nor reverenced man, and yet did right to the Widow at her importunity; sure they do allow petitioning his Vicegerent. We cannot believe they pray in secret to God Almighty, unless they will petition His Majesty openly for putting a stop to the incursions of Popery upon us. Our Enemies the Papists cannot inwardly condemn our Petitions as unlawful, tho' they are afraid of them; for that they may possibly obtain to prevent their Design. A bloody Assassinate and Cutthroat is not made more cruel, by the wail and passionate beseechings of the innocent Man for his Life. Though they give the Villain some trouble, and make it more uneasy to him to do the feat, by the regrets which he suffers from his Humanity, awakened by Pity, moving entreaties and expostulations. But it is suspected you are like to have little success in your intentions, to destroy the Charter in Course of Law, to which you are perversely acted by your displeasure against the Dissenters, and others whom you causelessly hate and unreasonably oppose for their sake. And therefore you have proceeded by the way of fact, and have procured that the great Offices of the City are executed by Men not duly thereto chosen; for the bringing this about you have used such bad arts, as would quite destroy your credit and shut you out of all Commerce, if they were practised in your private deal in your Trades and Occupations. If you seriously reflect and consider the methods that have been used for that purpose, and will allow the same Rule, which is observed by you in your private transactions and trade, for public affairs and administration of public rights (which are in their nature Sacred of a public concern, the violation of them more hurtful, scandalous, and criminal) and in this, your Consideration also will lay aside your factious animosities against the other party, to which you have furiously made yourselves opposite; you will be herein self condemned. I will not remember the particulars of fact they are fresh in your memory, and your own thoughts, (if any thing) must make you wise and recover your understandings. But by this Course you have Evacuated your Charter in fact, and have already Officers of a Foreign nomination. You have given trouble and disgrace to the Old Sheriffs, that were duly chosen to their Office, and acquitted themselves faithful to the Rights of the Charter, not only deprived them of the reward that is due to a faithful and strenuous discharge of so difficult an Office, but blame them and reproach them, and for their good deed sake, go about to deprive the City of a free choice of such Officers for the time to come. Who will be most gratifyed by these proceed with little recollection you may easily conclude. They have already condemned the Charter and City, and have executed the Magistrates in Effigy upon the Stage, in a Play called the Duke of Guise, frequently acted and applauded; intended most certainly to provoke the rabble into tumults and disorder. The Roman Priest had no success (God be thanked) when he animated the People not to suffer these same Sheriffs to be carried through the City to the Tower Prisoners. Now the Poet hath undertaken for them being kicked three or four times a Week about the Stage to the Gallows, infamously rogued and rascalled, to try what he can do toward making the Charter forfeitable by some extravagancy and disorder of the People, which the Authority of the best governed Cities have not been able to prevent sometimes under far less provocations. But this ought not to move the Citizens, when he hath so maliciously and mischievously represented the King, and the King's Son, nay and his favourite the Duke too, to whom he gives the worst strokes of his unlucky fancy. He puts the King under the person of H. 3d. of France, who appeared in the head of the Parisian Massacre. The King's Son under the person of the Duke of Guise, who concerted it with the Queen Mother of France, and was slain in that very place by the righteous judgement of God, where he and the Queen Mother had first contrived it. The Duke of Guise ought to have represented a great Prince, that had inserved to some most detestable Villainy, to please the rage or lust of a Tyrant. Such great Courtiers have been often sacrificed to appease the furies of the Tyrant's guilty conscience, to expiate for his Sin, and to atone the People. Besides that a Tyrant naturally stands in fear of Ministers of mighty wickedness: he is always obnoxious to them, he is a slave to them, as long as they live they remember him of his guilt, and awe him: These wicked Slaves become most imperious masters. They drag him to greater evils for their own impunity, than they first perpetrated for his pleasure and their own ambition. But such are best given up to public Justice. But by no means to be assassinated. Until this age, never before, was an assassination invited, commended and encouraged upon a public Theatre. It is no wonder, that Trimmers (so they call men of some moderation of that party) displease them: For they seem to have Designs for which it behoves them to know their men, they must be perfectly wicked or perfectly deceived of the Catiline make, bold and without understanding, that can adhere to men that publicly profess Murders, and applaud the Design. Caius Caesar (to give unto Caesar the things that are Caesar's) was in the Catiline Conspiracy, and then the word was he that is not with us is against us, for the instruments of wickedness must be men, that are resolute and forward, and without consideration; or they will deceive the design, and relent when they enterprise. But when he was made Dictator and had some pretences, and a probability by means less wicked and mischievous to arrive at the Government, his words was he that is not against us is with us. But to Pompey only it belonged, and to his cause or the like cause; to the Defenders of ancient established Governments, of the English Monarchy and Liberties, to say they that are not with us are against us, in internecino bello in attacks upon Government, medii pro hostibus habentur neutral men are Traitors, and assist by their indifferency to the Destruction of the Government. As many as applaud this play ought to be put under sureties of the peace, and yet not one Warrant that we hear of yet granted by the Lord Chief Justice. But it is not a Duke of Guise to be assassinated, a Turbulent, wicked and haughty Courtier. But an innocent and gentle Prince, as well as brave and renowned for noble Achievements; A Prince that hath no fault, but that he is the King's Son, and the best too of all his Sons; such a Son as would have made the best of Emperors happy. Except it be that the People honour him and love him, and every where publicly and loudly show it. But this they do, for that the best People of England have no other way left to show their Loyalty to the King, and love to their Religion and Government, in long intervals of Parliament than by prosecuting his Son, for the sake of the King and his own merit, with all the demonstrations of the highest esteem. But he hath not used his Patron Duke much better, for he hath put him under a most dismal and unfortunate Character of a Successor, excluded from the Crown by Act of State for his Religion, who fought his way to the Crown, changed his Religion, and died by the Hand of a Roman Assassinate. It is enough to make his great Duke's courage quail, to find himself under such an unlucky and disastrous representation, and thus personated. Besides he hath offered a justification of an Act of Exclusion against a Popish Successor in a Protestant Kingdom, by remembering what was done against the King of Navar. The Popish Religion in France did the facto by Act of State exclude a Protestant Prince, who is under no obligation from his Religion, to destroy his Popish Subjects. Though a Popish Prince is to destroy his Protestant Subjects. A Popish Prince to a Protestant Kingdom, without more must be the most insufferable Tyrant, and exceed the Character that any story can furnish for that sort of monster. And yet all the while to himself a religious and an applauded Prince; discharged from the tortures that ordinarily tear and rend the hearts of the most cruel Princes, and make them as uneasy to themselves as they are to their Subjects, and sometimes prevail so far as to lay some restraints upon their wicked minds. But this his Patron will impute to his want of Judgement, for this Poets Hero's are commonly such Monsters as Theseus and Hercules are, renowned throughout all Ages for destroying, But to excuse him, this man hath forsaken his post, and entered upon an other province. To the Observator it belongs to confound truth and falsehood, and by his false colours and impostures to put out the Eyes of the People, and leave them without understanding. But our Poet hath not so much art left him as to frame any thing agreeable, or very-similar to amuse the People, or wherewith to deceive them. His Province is to corrupt the manners of the Nation and lay waste their morals, his understanding is clapped, and his brains are vitiated, and he is to rot the Age. His endeavours are more happily applied to extinguish the little remains of the virtue of the Age by bold impieties, and befooling Religion by impious and inept Rhimes; to confound virtue and vice, good and evil; and leave us without consciences. And thus we are prepared for destruction. But to give the World a taste of his Atheism and Impiety, I shall recite two of his Verses, as recited upon the Stage viz. For Conscience, and Heavens fear, Religious rules They are all State bells to toll in pious fools. which I have done the rather, that some honest Judge or Justice may direct a process against this bold impious man: or some honest Surrogate or Official may find leisure to proceed ex officio against him, notwithstanding at present, they are so encumbered with the Dissenters. Such public Blasphemies against Religion, never went unpunished in any Country or Age but this. But I have made too long a digression, but that it carries with it some instructions towards the preserving of the honour of your August City. viz. That you do not hereafter authorise the Stage to expose and revile your great Officers and Offices, by the indignities yourselves do them; whilst the Papists clap their hands and triumph at your public disgraces; and in the hopes they conceive thereby of the ruin of your Government, as if that were as sure and certain to them, as it is to us without doubt that they once fired it. And further, for that it was fit to set forth to the World of what Spirit our Enemies are, how they intent to attach us: As also how bold they are with His Majesty, what false and dishonourable representations they make of him, and present to the World upon a public Theatre; which I must confess hath moved me with some passion. I have now some mistakes to remove that I observe abuse you, and make you think that it is in your power to destroy your Franchises. I come to defend your Charter against your reason and understanding; though against your will there is nothing can be said if it be peremptory and obstinate: But that it can have no effect in Law it will be criminal and punishable. The mistakes are these. That the Excommunication of Dissenters render them uncapable of suffrage and voice in the election of your Officers. That by thrusting them from a right of Suffrage a Common Council may be had, that will dispose of the Charter. And that the Common Council have authority to destroy it. Which are both mistakes. And I shall likewise make out to you, that the Sherifalties of London and Middlesex, are in the City by course of Common Law, or by Statute Law, and are not of the nature of a voluntary grant from the Crown of a mere right, nor can they be considered as a property that is alienable, for if they were so, they might lawfully be regranted by those in whom the right is. So that they cannot be displaced but by Act of Parliament, though the consent of every Citizen were thereunto had. And first, that excommunicate Dissenters have a right to choose City Officers notwithstanding their excommunication is evident. For that excommunication forfeits no private right. If a Plaintiff excommunicate sues, his excommunication is pleaded in delay only and not in abatement of the writ. But outlawry pleaded abates the writ, and bars the Action. If a Mayor sues in his incorporate capacity, a plea of excommunication is not allowable to stay proceed, for that its a public right that he pretends to, but excommunication of an Executor will stay the Suit, though he sues in another right; no excommunication is to be pleaded in delay of the process in judicial writs, as in Quare non admist, or in a scire facias upon a judgement, because the right is ascertained by the judgement, and it is not militant as in an original action. And though it be allowed, that a person Excommunicate may be challenged if he be returned upon a Jury, which is said in some of our old Books, as Sir Edw. Cook observes. Littleton fol. 158. a. yet that was in the time of the tyranny of the Papal Church, which was wont to doom to damnation, such as were guilty of the least contradiction against her order, as if perfectly wicked; or where the person challenged was Excommunicate by the greater Excommunication, which declared the person so Excommunicate perfectly wicked an Apostate from the Faith and Rule of the Christian Religion, Such is not the present Excommunication of Dissenters. Yet there is a difference between refusing to accept of a man to an Office, such is the nature of the challenge of a Jury man, and between the excluding a man from his right and franchise in a matter, in which the Community also hath a right. By what we have said, it is clear that by Excommunication no right is forfeited, no public right is delayed not stated right is prejudiced. That the right of suffrage is the right of the person, and also the right of the Community. That at this day Sir Edw. Cook seems to think that Excommunication is no matter of challenge to a Jury man; and if it were it cannot preclude a right, though it makes a man incompetent, or not so fit to be voluntary called forth and preferred to execute a charge. It is very clear therefore, that for Excommunication no man ought to be thrust from his right of suffrage and the Franchise of a Citizen. And well is it, that the Law is so or else there had remained a lurking mischief behind in our Law as mischievous almost, as the writ for burning of Heretics lately abrogated, for As soon as we can get a set of Popish Clergy, it is but interpreting the doctrine of the Church of England, as Sancta Clara hath done to the sense of the Council of Trent, and thereby make the doctrine of the Trent Council the doctrine of the Church of England, and then every Protestant must immediately incur Excommunication. Now if thereby we should lose our franchises and the rights of Freemen, the Papists would have the Government, and we used as Slaves and Villains for ever; and by this slight without a Law or Parliament, on their side the Religion of the nation may be changed. It is very extraordinary, that when this mischief cannot happen to us by Law. We are making Precedents against ourselves, for the Papists their proceeding against us, in such sort as is now proceeded against the Dissenters; for whom I am not making an apology, the Evils that we sustain at present by their occasion, will not give me leave to be so kind unto them. But let us not make hard resolutions against ourselves, when we know not how soon we ourselves may fall into their case. Only this I have to say for them, you have no reason to be angry with them, for that they have not complied with the Popish interest for obtaining indulgence, and exemption to themselves from the penal Laws; much less have you reason to neglect the Defence of your Government and Religion, because they adhere steadily to it. But if they had not so behaved themselves, we should not have wanted an honest man of sense amongst you, to have divided from the interest of the City, and its ancient Rights. Neither is it in the Power of a Common Council, whoever they be that are sworn of that body, and however elected, inclined or disposed, to derogate by any Act of theirs from any of the City's Rights and Franchises. They are not the Body in whom the Rights and Franchises of the City are vested. The stile of purchase is the Mayor and Commonalty of the City of London, and the most modern stile in use is the Mayor Commonalty and Citizens of the City of London. Their beginning is of a much later date than the Cities' Charters of Corporation, they were first erected and have received several alterations by constitutions made in the Common Hall. Their business and trust is to manage and defend, govern and protect, as Committees, the Rights of the City, and make by Laws which are controulable notwithstanding, and sometimes have stood in need of confirmation by the Common Hall. And this considered they are put under an Oath to give good and true Counsel, touching the Common-weal of the City, and that for favour of any man they shall maintain no singular profit against the Common profit of the City. They can do nothing validly in prejudice of the Cities' Rights and Franchises: And if they have any conscience of a limited trust under an Oath to be observed and kept, they will not attempt it. Perhaps the dissolving of this great Corporation will be too adventurous an undertaking, for that it may be charged with the extinguishment of many excellent Laws for the advantage of Trade, for the better Government of the City, and the customary Provision for Wives and Children; upon which security & provision by their customs, marriages have been made which will be thereby defeated. Besides the number of Orphans that will be desperately undone, there being no fund of stock left to pay them, as they are almost undone already by banckrupting the fund of City credit (which would everlastingly have made good payment to their Orphans) By the impending Quo Warranto. A very spreading and fore calamity, and to be remembered with the Bankers case which put many thousand Persons well stated to starving and great Necessities without relenting. They made a War without the advice of Parliament, they were unsuccesful as Sea, and made depredations at Land, by this great Numbers of the King's subjects, suffered the worst calamities of War in time of our Land peace. It is better to be killed outright than to live and starve: They were used as in the State of War though Subjects of the most equal Government in the World in its constitution. The Parliament is blamed for discountenancing loans of money upon the Credit of the Crown, but these men prohibited and disabled them. But our modern men to make all sure, have again banckrupted the Credit of the great Seal; have taken away the plank, which was allowed to keep these poor wretches from sinking after the wreck made by their Predecessors. They have vacated the great Seal, that made provision for their interest money without any fear or dread of that fate, that happened among their Predecessors, for in this too they govern us according to Law. The consideration of these Evils (since they have ways at present to bring whom they please into the offices of authority and trust in the City) will persuade them perhaps to attempt no farther alteration in the City's rights, than their dismissing themselves for ever of the right of choosing Sheriffs for the Counties of London and Middlesex. But this is so far from being done by any Authority in the Common Council, that it cannot be done by the unanimous assent of the Common Hall, nor by the consent of every of the Citizens and Freemen. No more than a County can displace from its self the Choice of a Coroner, which being placed there by the Common Law, nothing but an Act of Parliament can remove. Which will plainly appear by the short History of Sheriffs, which I shall here subjoin. The Sheriffs in the time of the Saxons, were choosen by the Freeholders in the County Courts. The Saxon Laws were confirmed by the first William, as appears by the Chronicon Leitchfeldense, cited by Mr. Lambert in his Archajonomia page 158. But this Right of the Counties to choose their Sheriffs, was arbitrarily disturbed by a plenitude of power in the confused and troubled times of William Rufus H. 1. King Stephen. But it appears by the Records of H. 3. time, some Counties still retained their Ancient rights, and choose their Sheriffs. By the 28 Ed. 1. The Counties were restored to or confirmed in Their Ancient rights of choosing Sheriffs, where the Shriefalties had not been before granted in Fee, which were granted by Encroachment of power minus justè, but by this Law such grants were confirmed. By the Statute of 9 Ed. 2. It was ordained, that the Sheriffs should be assigned by the Chancellor, Treasurer, Barons of the Exchequer, and the Justices. This Statute is interpreted not to extend to these Shrieffalties that were granted in Fee. But such are intended excepted: As it hath been always understood, that particular rights are not extinguished by general Laws. This is the Account of the History of the Law of Shrieffalties in General. To descend to the Sheriffs of London, William the Conqueror soon after this Confirmation of the Laws of England, (in Parliament by his Baronage, which then made the English Parliaments) whereby the Counties were confirmed in their Rights to choose their Sheriffs grants by his Charter confirmed in Parliament Civibus Londini totam dictam Civitatem & Vicecomitatum L. K. Arch. Lond. fol. 120. That is, he grants that they shall continue a City and County, and the right of choosing Sheriffs shall continue to them. That which was their right before become by his Charter better established. An ancient prudence and caution of Subjects in transacting with their Kings, used more especially by our Ancestors (viz) to have their Right and Laws by way of Grant & Charter from the Crown; for those Mighty Kings that will not be confined by Laws, yet have held themselves bound by their Charters and Grants. Which made our Ancestors put the Confirmation of their most precious Laws and Rights under that form, for their better Establishment. And this Charter of King William was to the like purpose, that he should not by his power break in upon the Rights of the County of the City of London, of making their Sheriffs or other the Rights of the City. By this it appears, that the making Sheriffs belongs to the City by a Common Law right, by an Appointment of the Common Law, as to their particular never yet changed by any Statute Law, nor can this right therefore be altered or displaced, but by Act of Parliament. The Sheriffalty of Middlesex was granted by H: 1. to the City upon this reason, the better to enable the City to keep the Peace, for many Murders, rapines and Villainies being committed on the City, the Offenders would thereupon fly into Middlesex, and the Citizens having no power of Jurisdiction in that County, the Offenders often escaped. This Charter hath been confirmed amongst other their Charters, by several Acts of Parliament. The consequence whereof is, that the Sheriffalty of Middlesex is not to be displaced from the City, but by Act of Parliament, which is thus remonstrated. A grant made by the Crown (confirmed in Parliament) of any Estate, profit or emolument whatsoever, which can amount to no more than a creating or transferring a right, that right may certainly be surrendered or regranted to the Crown, or as the proprietor pleaseth. But the grant of an authority or power confirmed by Act of Parliament, that refers to administration of justice, a grant of such a Nature as this is under such an inducement, as is contained in the mentioned grant of the Sheriffs of Middlesex to the City of London, doth not only create a right but gives an authority, directs how a public Office shall be administered, and is a Law for governing that matter, and consequently makes a perpetuity of that office in the City, and it is not in the Power of the City to transfer or extinguish it, or innovate the Direction and Order of the Law therein so made and provided. The Sheriffalty of Middlesex is become upon the matter appendent to the Sheriffalty of London, or to speak more properly united. The Sheriffs of London are always Sheriffs of Middlesex, and are not choosen thereto by a distinct question in the Common Hall. But for that it is not generally understood how a Corporation or Society of men may discorporate and dissolve themselves, and lest an inconsiderable minority which shall pretend themselves the Majority, and though but two hundred say they more than three thousand, and take upon themselves to dissolve the Corporation of the City. Tho their skill in Arithmetic is better than their Honesty, I shall shortly discourse how a Society of Men may be dissolved A greater number cannot dissolve a body politic, every man hath a Negative against a dissolution of that Body whereof he is a member, though he is to be concluded by the majority in any matter determinable, and governable by that Society. A Majority doth not determine a less number in the state of nature, every man's particular consent was necessary to make him a member of any society, and so it is to unmember him. That a majority concludes the less number is by the agreement of all that enter into that society, without which no society can subsist. But whether they shall continue to be a society or no is a question, in which the members of that society do admit themselves at liberty, and act at that time as in the state of nature, and therefore the Majority cannot bind the few in this Question▪ and dissolve the Society. No man can be a member of any Society without his own consent. But every Member of a Society gives his Faith ipso facto by becoming so, to every one of that Society, to support and maintain it. No man can propound any question without Leave, first had of the Society for dissolving that Society, for to do it otherwise is to transgress against the Faith, that he owes to the Comunalty. When such a Question is with Leave of the Society propounded, a Majority cannot dissolve that Society as to the Dissenters, and these that are willing to continue it. But such Majority at the most (if that) have but a Leave to go out of that Society & dismember themselves, which seems to be yielded them implicitly, in giving leave to put the Question. But if such Question be put without leave, first had of the Comunalty, the propounder deserves a punishment to be inflicted upon him. If the minority be big enough to maintain & support the ends of the Corporation, the minority is still the Corporation. If any single Person is unwilling the Society should be dissolved, and this Corporation is under the Government of any greater Society of Men, as a Corporation within a Polity, this single person may require, and prosecute the revolters from the Society to abide in that Community. These societies of men, that are formed by the sovereign Authority cannot dissolve or make the terms of their Society and the Order and Rule of governing them, other than is appointed by the Charter of Incorporation. Nay it is a Question whether a King can change it, who hath not the Power of making Laws. For the terms of their Society, their Order and Rule of Government is the Condition of Incorporating, and upon these terms they consent to be incorporated, no man by our Law is compellable to be incorporated against his own liking. Roll. 1. Rep. Baggs Case. And agreeable hereto changes in the Government of the City of London, from the first Charters have been made by Acts of Parliament. Acts of Parliament was made for the Division of a Ward, and for altering the Election and Continuance of the Office of an Alderman for Life, whereas in the first Charters they were choosen annually, and not to be choosen the next Year; I shall here transcribe the Acts themselves, which are not printed but supplied to me by my worthy Friend Mr. Petyt, whose enquiry nothing, that is notable in our Records hath escaped. The Commons in the Parliament 7. R. 2. prayed the King for the maintenance of peace and tranquillity in the City of London for the time to come, by reason that all the Aldermen were choosen from year to year at the Feast of St. Gregory the Pope, and none of them could be re-elected for the year ensuing, and others put in their places to the great endamagement of the City. The Commons therefore pray the King to grant to the Mayor, and Commons of the City and their Successors in that present Parliament, that the Aldermen to be elected from year to year at the said Feast franchement Ezluz be freely choosen, and that of the most sufficient persons, and good fame, of those who had been Aldermen, as others, per le Gardes de la city by the Wards of the City. Saving to the Wards their free Election in manner aforesaid: To which the King answered Le Roy le voet & Grante, to endure so long as good Government should be in the City, by reason of that clause. Rot. Parl. 7o. R. 2 ds Numb. 24. In the Parliament 17o. R. 2 di Numb. 25. It was ordained, that the Aldermen should not be removed Sanz honest & reasonable causes, without reasonable Cause. In the same Parliament Numb. 27. upon the Petition of the Mayor Aldermen and Commons in the said City, by reason of the greatness of the Ward of Farringdon, which was too great to be governed by one Alderman. The King grants that les Gents de la dite Guard of Farringdon within, might choose one Alderman, and those of Farringdon without another, and that both those Aldermen so chosen should not be removed Si non per cause reasonable, as it was ordained by the King in Parliament to the Aldermen of the said City. But though the Government of such Societies and Corporations may be changed by Law. Yet no Law can change the Government of Kingdoms and Commonwealths, and alter the terms of Government and Obedience established: nothing can do this but chance, and time, violence, and an irresistible Power. But every English man ought from the Nature of his Allegiance, to defend the English Monarchy with his Life under the Authority of the Government, and the protection of Laws. To conclude, the best way to show our Loyalty to the King is to think honourably of His Majesty, to account his Person Sacred as it is, and himself impeccable, for so our Government hath made him by imputation, which is the highest Prerogative of the Crown, and a notable instance of the wisdom of our Government. Imperii Majestas Tutelae Salus. We hearty bewail the unhappy death of the late King. But detest that it should be made a pretence to change our Government. They are very bad men that raise on the one side in the People a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or King-dread, and on the otherside in the King a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or People dread from his deplorable death. Such passions indeed respectively possess the People, and Successors of Tyrants, and work the woe of the People or the abolition of the Kingly Government: But most unnatural these confounding apprehensions are, from the death of a good King bitterly bewailed by almost all of his subjection. It is too unreasonable, that we should offer up our ancient Government, our precious liberties, our Religion itself (in the defence of which he died) to atone for the guilt of an inconsiderable part of the Nation, that was engaged in that detestable fact, and are since gone to their proper place. This is hard that we must lose our Government and have no more English Kings, to expiate for their guilt. We do not show our Loyalty, but discover an ignominious baseness; if we yield up our rights at the persuasion of a Courtier, who tells us it is for the King's Service: when he is thereby promoting his own advantages and projects, and shifting for indeminity upon the ruin of the Government. Plutarch in his treatise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. base sneaking says that the As●●ticks became slaves, because they could not pronounce the word NO, and gave denial to Sycohants and flatterers. If these Courtiers, really and honestly thought it were for His Majesty's Service, that all Authorities and Dignities in the Government should be held precaciously of the Crown, they ought to hold their honours and session in Parliament by the same tenure, for that those that shall inherit to them may be wiser than themselves, for this there way is their folly, and their posterities (I hope) will not approve their do. When our Preachers exhort to obedience, they ought not to be heard if they press us beyond the terms of obedience, that the Government hath established. And we may dutifully insist (notwithstanding) to have the benefit of such Laws, that the power of the Government can make to preserve us in the peaceable enjoyment of our Religion, when we have a Protestant King. When they exhort us to Christian patience, they should not forget to tell the People, that they are not bound to suffer, but where the Christian virtue of Fortitude is perfected, and not else but as Christian charity doth direct. But they ought not by any means to abuse the People, with a vain amuzement, that a Popish Successor will protect the Church of England. I shall end with the words of King Solomon, Proverbs 24. My Son fear thou the Lord, and the King, and meddle not with them that are given to change, for their Calamity shall arise suddenly, and who knoweth the Ruin of them both? It is not good to have respect of Persons in Judgement. He that saith unto the wicked thou art righteous, him shall the People curse, Nations shall abhor him. But to them that rebuke him shall be delight, and a good Blessing shall come upon them. If thou faint in the day of adversity, thy strength is small. If thou forbear to deliver them that are drawn unto death, and those that are ready to be slain: If thou sayest behold we knew it not; doth not he that pondereth the Heart consider it? and he that keepeth thy Soul, doth not he know it, and shall not he render to every Man according to his Works? ERRATA. Pag. 2. L. 23. r the negligence of page number the twelfth is misplaced after page the thirteenth, and must be read before it. pag. 7. r obliquandi for obliquendi pag. 12. lin. vlt. for which r what. pag. 13. L. 19 for help r helped. pag. 19 L. 26, deal all. pag. 36. r. By-laws. p. 38. l. 21. r. their. FINIS.