A MODEST ENQUIRY CONCERNING THE ELECTION OF THE Sheriffs of London. AND THE RIGHT of CHUSING DEMONSTRATED To belong unto, and to have been always adjudged to reside in the LORD MAYOR, THE COURT of ALDERMEN, AND THE Common-Hall.  
LONDON: Printed for Henry Mead. 1682.   

A Modest Enquiry concerning the Election of the Sheriffs of London, &c.  
WERE I to consult my own peace and personal safety, I should rather be contented silently to bewail the doleful and threatening posture of affairs, than take upon me to represent the condition which the rash Counsels of a few shallow, criminal, and desperate persons have reduced an excellent Prince and this flourishing Kingdom into. And were it not for the discharge of my duty to my Religion, King and country, I should not so far expose and lay myself obnoxious, as I foresee I shall do at this unhappy juncture, when the passions and prejudices of a certain peevish little sort of men, and their espousal of persons and interests altogether irreconcilable with the preservation of Protestancy, the Honour of the King, and the prosperity of his people, have rendered them unattentive unto, and obstinate against whatsoever is discoursed for the allaying our unnatural heats, and the retrieving that desirable correspondence betwixt his Majesty and his subjects, which may cause him still to be universally beloved, and render him more glorious, and these Nations more prosperous and happy than ever. In what a short time have the unadvised and giddy Counsels of Five or Six unfortunate pretenders to Policy, brought the King from being the Supreme Arbitrator of all the weighty concernments of Europe, and from being able to turn the scales as he pleased in this Western part of the World, into a condition of being hardly able to preserve peace in his own Dominions, or compose differences, and quiet animosities among his natural subjects and Liege people? And in how few years have the present Ministers reduced these renowned Kingdoms from being the comfort and support of our Friends, the dread and terror of our Enemies, and the objects either of the envy or emulation of the World, into a condition of becoming pitied of those that love us, contemned by them that hate us, and ready( if we do not prevent the malice of our Foes by falling upon one another) to be a prey to any that from envy, revenge, or ambition, shall entertain a design of attacking us? Who that hath not abandoned and forfeited the reason of a man, and renounced and abjured his love both to his King and country, can so much as imagine that the Methods which have been lately pursued, are either wisely adapted to the present state of things abroad, or seasonably calculated for the condition that matters are in at home?  
Do not all men observe a War commencing on the other side the water, wherein we cannot avoid becoming interested in favour of one party or another; and yet in the mean time are not divisions and rancours industriously promoted and enflamed towards the weakening and disabling the Kingdom for any great or marshal undertaking? And are not all things likewise managed towards the increasing such jealousies between the King and the generality of his people, and for the begetting that dislike in his Majesty of Parliaments, and such distrust in them of him, should necessity enforce the Assembling one, that there is little hope while matters continue to run in the present channel, either of his Majesties being in a capacity of declaring for one or the other of the contending and rival States and Princes abroad, or being able honourably to comply with the terms of those Alliances wherein he is already engaged, much less of being in a condition to answer what will be desired and expected from him upon new Treaties and Stipulations. For as nothing is more obvious than it will be impossible for us to to preserve a Neutrality, should the Foreign War proceed; seeing the Confederates are not only sensible of the Inconveniences which befell them in the last War, by the Neutrality of his Majesty, but are now less apprehensive than they were then, of any great Mischief likely to ensue towards them by our declaring against them; so that we are rationally to expect, that if they cannot obtain us to embark with them, they will look upon us as their Enemies, and treat us accordingly.  
And tho we ought always to believe, That whensoever the King finds how he cannot escape being embroiled and engaged in the present War, but he will, as a wise Prince, both so far understand his Interest, and be ready to gratify the Desires, and ardent Wishes of his People, as to join with the Confederates: yet as that will led him to call a Parliament, for which some will, hostibus& bello gratiam habere, think themselves obliged to out-landish Troubles; so it is to be hoped, That seeing those about His Majesty have wholly left off thinking, or do only apply thoughts to divert and adjourn their own ruin, without any great regard, by what appears, to the Kings Honour or Safety, that he will at last judge it matter worthy of his own serious consideration, whether he can reasonably promise himself a happy meeting with his Parliament, or success in what he will have to propose unto them, if upon their coming together, they find things going in the Current which they have run in for some time past. Will Noble and Generous Persons, and such as represent a Protestant and free People, believe they should act prudently, and as men that expect to be honoured and justified by those who deputy them, in showing themselves inclined to be liberal of their own, and the Nations Money, until they have inquired, how Parliaments have come to be debased and ridiculed, and how the zealousest Protestants, and most loyal Subjects of the Kingdom, have been prosecuted for a Sham-Conspiracy against the Government, the whole whereof was laid in Subornation, and supported by Perjury? Is it possible to be imagined, That unless they should be of as corrupt Principles, prostitute Consciences, and slavish Tempers, as those that have been contriving and carrying on the extirpation of our Religion, and the subversion of our Liberties, that they will ever sit calmly within those Walls, where their Ancestors have in all Ages so boldly asserted English Rights, and passed so many Laws for the security of them, without inquiring how the course of Justice hath been turned out of its ordinary and legal channel, and how the Law hath come to be applied to destroy a certain set of men, who for what appears, are singled out, and distinguished from others to be run down, because they cannot be so forward as some of their Neighbours, to betray their King, their Religion, and the Rights and Liberties of the Kingdom? Unless they who sit at the Helm, can obtain Members to be returned to serve in Parliament, in the manner that Jurors in some Counties have lately been, it is not to be conceived, but that the Parliament will in subserviency to a firm Union, and happy Correspondency with His Majesty; and in order to the effectual preservation of his Life and Dignity, examine how the King hath been degraded from being the supreme Head, governor, and Defe●der of all his People, and influenced to espouse a little Faction of men, and made as it were, to excl●de all the rest of his Subjects out of his Love and Care. Let no man think, that those who will be chosen to fill those honourable Seats, will ever have the baseness as to style themselves the grand Inquest of the Nation, and His Majesties Supreme and High Council, without both looking into the late bold infraction of the Laws, and tracing those pernicious Advices, the effects whereof the whole Kingdom languisheth and groans under, to the original Authors of them. Nor will any Parliament this Generation is like to see, ever assume the immodesty, as to call themselves a part of the Legislative Power of the Nation, without inspecting the invasion that some have been endeavouring to make upon the Rights of Corporations and Cities, and how under a pretence of Legal Writs and Forms, the greatest Bodies corporate in the Kingdom, are brought into danger of losing the privileges and Jurisdictions which they have for many Ages enjoyed, not only by Charter, but by ancient Prescription, and by standing Laws. These are the things that must be expected from a true English Parliament, even tho His Majesty, in case of a Foreign War, and his being unable to preserve himself neutral, should join with the Confederates; which is that that his People do both universally desire, and will not fail to stand by him in, being once relieved from the dangers, their Lives, Religion and Fortunes have been brought into. Is it not therefore high time for the King to decline the prosecution of those Councils which will involve him in contests with his People, when he most needs their love and assistance? and to exchange those Ministers who have lead him into courses which he cannot, as things are circumstanced, persevere in with safety, for others whose fidelity to his person, and the wisdom of whose conduct may be relied upon? How easy were it for his Majesty to anticipate a Parliament in all the gracious things which the Kingdom either doth or can expect from one, by exerting his Power, and displaying his Wisdom and Goodness in effecting them himself; and only leave to those great and honourable Bodies the opportunities of magnifying his Grace, and supplying his wants, with the punishing of some few of those that have abused his Name and Authority to countenance and justify courses so unsafe and dishonourable to his Person, destructive to his people, and dangerous to his Crown and Dignity.  
And in case his Majesty upon the commencement and progress of a Foreign War, and his being necessitated to espouse one side or the other, should contrary both to the guidance and inclination of his own Understanding, and the true Interest of his people, be prevailed upon through the importunity of his Ministers to join with France, it is then demonstratively obvious, that the measures which have been taken, and in pursuance whereof designs are still carried on, will prove fatally pernicious in the issue and event. For as there are no hopes of obtaining any aids from a Parliament towards the management of a War in conjunction with a Nation which the English so generally hate, and to whose influence over some about his Majesty, they ascribe most of the Grievances whereof we complain; so should an Army be raised and maintained at the Kings own Charge for that Service, it is to be feared they would do as the Forces raised by the Decemviri against the Sabines did, of whom the Historian tells us, that vinci se patiebantur, ne quid ductu aut auspicio Decemvirorum prosper gereretur, they suffered themselves to be beaten, rather than they would by conquering establish those new and harsh Masters in their Dominion. Nor ought our Ministers to forget how the Army that was raised in Anno 1640. to withstand the Scots, permitted themselves to be little better dealt with, as being possessed with prejudices against the Ministers of that time, by reason of the intermission of Parliaments, and the invasion made upon Property by shipmoney, Billeting of Soldiers, and other innumerable ways. Besides it is not easy to be imagin●d how the remembrance of a Sham-Plot to destroy the Lives of Protestants; how the entering Noli prosequi's to prevent the conviction of Miscreants for subornation and perjury; how the serving of a Quo Warranto to take away the Charter of the City; how the wheedling my Lord Mayor contrary to all precedents as well as justice, to take Bond of a Gentleman to hold Sheriff of London, before he is Elected, or at least, confirmed, will ferment in the hearts of men, when upon our entering into a Confederacy with France, they find their Estates seized in all the Spanish Territories, their Ships taken by Pickaroons under the Authority of Commissions from the several Confederate Princes and States, and may be a Fleet of Dutch at the same time blocking up our Harbours. And by how much the French King after he hath so long hectored the world, begins now to flag in his Courage, declines in his Treasure, make submission to the Holy Father, whose Triple Crown he was so lately threatening to wrest from his Head, and comes to be so horridly affronted by his Subjects and Relations, as he was lately in those base Attempts made upon the living Images of himself; by so much will all the Protestants of England, scorn and disdain to be rendered at the pleasure of Two or Three Mushroom Statesmen, the supporters of his Throne. Nay, they do so warmly recent his ungrateful, as well as barbarous carriage towards the French Protestants, that it were plainly to enrage the People of England to call them out to sustain that Monarch in his power of tyrannizing over those of the same Religion with themselves. Is not such a juncture as this, wherein the King is like to be obliged to enter into a War, by embracing one or the other of the contending sides, a blessed and well-chosen season for reviving the Execution of the penal Laws against Dissenters, for serving a Quo Warranto against the City of London, to wrest their Charter from them, and for endeavouring against all Right and Custom, to fasten such a Sheriff upon them, who may return such Juries as will believe Barry, Macknamarra, Booth, Fitz-Gerald, &c. and hang those out of the way that have the impudence to affirm there was a Popish Plot, or are such enemies to the Mother Church, as to wish, That His Majesty may out live the fears of a Popish Successor?  
And as no man pretending to Civil Wisdom, or who is so much as Master of common Sense, can think this a fit season for His Majesty, or any acting in his Name, and by his Authority, to go about to seize the City Charter, or unduly to obtrude a Sheriff upon them; so whosoever will narrowly inquire for the gratifying and obliging of what sort of persons all this is undertaken and attempted, he will find reason of acknowledging himself wonderfully surprised and amazed, that a loyal, great, and powerful City should be molested and disfranchised for the humouring men of their Figure, Principles and Complexion. For it is in the first place evident, that the Papists are the people whose Wishes and Designs are herein mostly befriended and complied with. For besides the malice they bear to London, both as it is the principal Seat, Harbour, and Sanctuary of Protestants, and as it is the greatest Bulwark in Europe against Romish Tyranny, Superstition and Idolatry; so they can never forgive London and Middlesex the having furnished Juries for the Conviction of Coleman, Langhorn, and the rest of the late Romish Martyrs. Alas! those poor innocent Souls were guilty of nothing, but of conspiring the Death of an Heretical King, rooting out a Schismatical Nation, and designing the extirpation of a paltry Religion which hath for an Age or two infected these Northern Kingdoms; and yet this Fanatical City and County have found and supplied Jurors, who had no more wit nor honesty than to bring them in guilty of the Highest Treason. And tho the Papists do not hitherto judge it seasonable to mention it; yet it may be worth some peoples consideration of what stamp and character these Sheriffs were who returned those Juries, and to think with themselves how both they and all who served either upon those Inquests or Trials, may in case we come once to have a Popish Prince, find this to rise in judgement against them. Can any man believe that they who burnt the City merely for being a Nest of heretics, will after we have dipped in the Blood of their holy Fathers, and most Renowned Votaries, rest contented with turning this Famous Corporation into a Village? No, they will be satiated with no less than the Lives of Thousands, before we have sufficiently atoned for so heinous an offence. But as this is not the only, so it is not the main thing which the Papists propound unto themselves in obtaining the Sheriffs of London to be men according to their humour and mind: For suppose they still entertain a design of destroying his Majesty, and have either found another Doctor of physic, or some little Cook, that have skill in the knack of poisoning, who are willing to do the meritorious Feat: Or suppose that they are again provided of one or two bigoted Fellows who will be more careful of the Flints of their consecrated Guns than Pickering and Grove were, that have promised to do the sanctified job for them; Or suppose they are lately furnished with some Miscreants and Rascals, who being more bold and desperate than the Four Ruffians are prevailed upon by a pardon of all their sins, and an advancement of a large sum of money, with an assurance of preferment in some Popish State, to undertake and vow the executing this necessary piece of Service; would it not upon all or any of these supposals, be infinitely for the advantage of the Papal Faction to have such Sheriffs over the City, upon whom, the Feat being done, they may confidently rely for the posse Londini, especially seeing they are not without apprehensions that there may be some even among the disgusted and persecuted Protestants, who may think both of inquiring after the manner of his death, and of endeavouring to revenge it. To the Papists we may subjoin a little sort of people, who have been questioned by the Parliament, or discarded by their City-Masters; and these out of pure revenge would ravish the Charter from London, and do only press and employ the Kings Authority and Name to serve their particular malice, and to fight their personal quarrels. They will list themselves under any banner, and enroll themselves in any party, provided they may but wreak their wrath, and retaliate the injuries which they fond suppose they have received. And if their principles do not guide them to unite with the Papists, the remembrance how they were treated by the same Authority that was zealous against the catholics, makes them cement with them, and co-operate in all their designs. And to these we may add a company of Nonsensical Fops, or lunatic Fools, who being ambitious of an interest in the rising Faction, and covetous of being thought worthy of some Respect from the Factors for Popery and Arbitrary Power, do out of vanity, pride and ignorance, join in the noise, and cry for the seizure of the Charter, and the imposing a Sheriff upon the City. These are a kind of brainsick fellows, who upon the hopes of being mounted upon the spoil and depression of the City Rights, offer themselves as Tools to serve and accomplish the designs of more subtle and malicious heads. In the last place, there are a company of Mercenary fellows, that used to serve as Tallymen in Guild-hall for their Groats a Cause; who being put by their Trade by the late Sheriffs, would, to recover their Four-pence a Trial, sell the Charter and all the privileges of this honourable Corporation. No observing man needs a Character whereby to know the sticklers against the Charter; the Loyalty upon which they so highly bear themselves, proclaiming them aloud in all places and companies. For discourse them when you please, you will find them infinitely more fond of the Duke, than of the King; and carrying as if they had a dispensation to speak what they please of his Majesty, provided they do but adore and worship his Brother. Are not these fine Gentlemen, that the Kings Name and Authority should be pressed and applied in their favour and service, tho to the disobliging a Loyal, Mighty, and Opulent City? Nor doth their Number bear any proportion to the noise and buzz which they make; it being evident to every impartial Observer, that all their clutter is but like the disturbance which one or two broken out of Bedlam give the Town, which the grave Inhabitants think below their noticing, choosing to leave them to the hootings and discipline of the Boys. And would but our Governours make the experiment of giving one Weeks countenance to the other side, equal to what they have vouchsafed them for many Months, if not for some years, they would both see the boldest of them sneak and crouch, and their magnified Numbers shrivel and dwindle into nothing. Neither is this so ridiculous a proposal as some men may hastily imagine; for as it is not safe daily to provoke and affront the Body of a City or a Kingdom, that know themselves more Loyal than those that are encouraged to tease and abuse them; so it were a safe and easy way of knowing whether of the Two Parties into which our Ministers have so wisely divided the Nation, are not only the most firm and steady with respect to their Temper and Principles, but the most considerable for their Quality, Number, and Usefulness to the Government.  
Can any Protestant that valves his Life, Liberty, or Estate, hold himself unconcerned in the present Attempt of seizing the Charter into the Kings hand, or of the project of obtruding a Sheriff upon the Corporation whom themselves have not chosen, if he does but consider the end that is propounded in all this, and the Merciful and Just Design to which it is subservient? Such have been the Measures that have been taken, and the Counsels that have been followed, that our Ministers, tho they know the Protestants wholly innocent from all ill intentions against his Majesty and the Government, yet do find it necessary for the justification of the Advices which they have given, and the courses that have been steered, to have us believed guilty of a Conspiracy against the King and the Monarchy. And therefore despairing of ever obtaining this, while there were men returned upon Juries that are either persons of common sense or moral honesty, they found no other way of destroying us under form of Law, but to get such thrust into the Office of Sheriffs of London, as will return persons who will be sure to convict and hang us, tho the things deposed against us be both impossible to be true, and inconsistent one with another. And there being a gang of fellows in the City that are ready to cut our throats for not being so furious for a Popish Successor, and so ambitious of becoming slaves as they are, were they not merely restrained by the apprehensions that their own Lives would not be long safe, should they once attempt upon ours; how easy will it be, provided the Sheriffs be persons manageable by our Adversaries, to get a Grand Inquest impannell'd from among men of that inclination and temper, who will readily find any Bills against us that our mortal Enemies shall think convenient to have us Indicted upon? Nay, how glad will these Cowards be, that only forbear knocking us on the head out of fear of our striking again, to have an opportunity put into their hands of destroying us without any further hazard than that of their souls, of which they are past being solicitous, having brought them into the utmost hazard imaginable already, by their prodigious Oaths and unconceivable Debaucheries. Let some men but once have the power of returning Juries in London and Middlesex, and you shall soon see Barry and Fitzgerald step up and commence Credible Witnesses, notwithstanding the whole rational part of Mankind is fully satisfied and convinced of their being a Couple of suborned and perjured Rascals. Let not our Adversaries think, but that we do sufficiently understand the Design, in prosecution whereof, they are so zealous in wresting the Charter from the City, and so industrious to impose a Sheriff upon us in the interim, to the defiance of all Right and Custom: For it is evident to all who do not wilfully shut their eyes, that it is in order to revive the Protestant Plot, and to have the Honours, Lives and Estates, both of the best and most eminent Citizens, and of the principal Nobility and Gentry of the Kingdom, at their disposal and discretion. For what else doth it amount unto, to hear them say, That the King cannot have Justice in London, but that the Ministers who usurp his Name, cannot get their rage gratified by the Conviction and Condemnation of the D. M. E. S. E. E. S R. C. S P. W. S T. P. and multitudes besides, whom it were almost endless to recount? Yet in the midst of all their clamour, we dare appeal to every man of Sense, Wit or Justice, whether there were ever better Juries than those that have been returned by these loyal and honest Gentlemen, who have served in the Office of Sheriffs this and the last year? Did ever men of better Quality, greater Estates, clearer Repu●… ation, or more excellent parts, appear either at the Old bailie, Guild Hall, or the Kings Bench Bar, than those whom the worthy Officers so boldly declaimed against, have from time to time returned upon the panel? How often have ●… e Reverend Judges themselves, whom our adversaries have ●… o reason to account partial in the favour of the Sheriffs, been forced to acknowledge the Wisdom, Justice and Integrity of the late Juries, beyond whatsoever they observed in any they were upon the trial of Causes accustomend unto before? And this comfort the present and last Sheriffs are sure of, that no Reproach or Obloquy can fall upnon them, but it must affect the most knowing, the most virtuous, and the most loyal persons in the County and City, seeing it hath been their constant care to empanel such upon alloccasions, especially when any Cause was depending bet ween His Majesty and a Subject. And forasmuch as those whom they returned to serve upon the Indictment against the Earl of Shaftsbury, were many of them persons whom their country have often judged worthy to be chosen Members of the Honourable and Great Senate of the Nation, and wherein they acquitted themselves to the high satisfaction of that Learned, Wise, and August Body; they must be no less than lunatic and Delirous, who upbraid and calumniate the Sheriffs upon that score and account. And tho these worthy Gentlemen are become liable and exposed to the malice and reproach of a few Criminal persons, who know that themselves cannot be long safe, unless they can ruin the most loyal and best men in the Nation; yet it is to be hoped that as they have now the praise and thanks of all true Protestants, good Subjects, and sincere English men; so they will be accounted in all ages to come the preservers of their Prince from infamy and dishonour, and the Saviours and Defenders of their Country from destruction and ruin. But seeing a great cry hath been raised both against them and the London Juries, because of an Ignoramus brought in upon an Indictment against the Earl of Shaftsbury, where an Association, pretended to be found in his Study, was alleged in evidence and proof, it may not be amiss here to subjoin a Form of an Association prepared by the House of Lords, and that upon the motion and instigation of the Friends and Partisans of the Duke of York; the tenor whereof is as followeth:  

A Bill depending in the House of Lords last Parliament at Westminster, and committed, with several Judges to assist, judge Jones being one, for an Association to defend the Kings Life, and the Protestant Religion.  
THat all Bishops and Peers enter into this Association, or otherwise to be incapacitated to sit in Parliament: That no person be capable to be an Elector, or Elected into this, or any succeeding Parliament, until he hath entred into this Association: That all Judges, Mayors, Sheriffs, bailiffs, Justices of the Peace, and even Constable, and all Lord Lieutenants, Deputy Lieutenants, Officers of the Militia, &c. and all the Officers and Soldiers of His Majesties Guards and garrisons, all Officers of the Admiralty and Ordinance, all Sea-Captains, and likewise all Ecclesiastical persons, as Deans, &c. Rectors and Curates; all Bodies Corporate, as colleges, Inns of Court, &c. do enter into this Association; and that no person whatsoever, be permitted to have, or enjoy any Office or Place of Trust, Civil Military, or Ecclesiastical, who is not included in this Association.  
That upon the Kings Death, be it violent or natural, all persons within the said Association, do immediately put themselves into Arms, and so to continue till the Parliament which is to meet at the Kings Death, be actually assembled; and there to obey such Orders as shall be given by Parliament. That the persons nominated by this Act to be the Heads of the Association, be empowered to issue Commissions for the execution of marshal Law, and such Commissions to be of force from the time of the Kings Death, till the Parliament are met, and have inquired into the cause of the Kings Death; and no longer. That the Tower of London, Portsmouth, plymouth and Hull, be established Magazines: And that even in this Kings time, the places be commanded by such persons as shall be nominated by His Majesty, and approved in Parliament. That this Act of Association be not only red twice a year in every Church, but that the Association itself be posted up in every Church.   
This is the Tenor of the Bill, that for the Preservation of the Kings Person, and the security of the Protestant Religion against the Designs of the Papists, the House of Lords were upon, and that not only with the concurrence, but at the motion and instigation of the Lords of His Majesties Privy Council, and the Duke of Yorks best friends. And tho possibly some that first advised this Bill might design no more by it than the obstruction of the Bill of Exclusion, which was then depending in the House of Commons; yet it would never have been so far countenanced in that honourable House, as to be committed, if they had not believed an Association consistent with the Government, as well as their Loyalty, and been apprehensive of the danger in which the Kings Person was, by reason of the Papists; whose Religion will justify them in destroying an Heretical Prince at any time; but most especially when they hope thereby to make way for a Popish Successor to mount the Throne. And seeing no Evidence was produced that could influence the minds of wise and impartial men to believe that the Association alleged against the Earl of Shaftsbury, was ever seen by him, much less found in his Study; have we not reason to apprehended that it was only forged and invented to obtain an opportunity and advantage of breaking in upon, and ridiculing the Wisdom and Authority of Parliaments? However I suppose our late Abhorrers of all Associations will see reason to bethink themselves what they have done, and to consider what a Judicature they have made themselves liable unto, by publicly exposing and detesting a thing, which not only His Majesties Hereditary Counsellors, but so great and honourable a part of the Legislative Authority of the Nation, judged expedient and necessary, as our affairs were then stated, and unhappily still continue, for the preservation of the Kings Person, and the defence of our Religion and Legal Rights.  
Nor is this matter wherein these persons are embark't, of obtruding a Sheriff upon London, and studying to ravish their Charter from them, of any less less consequence and import, than what involves the whole Nation in the resentment of it, and reacheth all the Kingdom in the effects which it bodes and threatens. For what man is secure of his Right and Property, if Law and Ancient Prescription cannot preserve London in the quiet enjoyment of its Jurisdictions and privileges? There are few persons in the Kingdom, against whom by reason of the Transgression of some one Penal Statute or another, more may not be found to raise and commence a svit in the Kings Name, than so far as we are able to judge by the Quo Warranto, is pretended against this noble and famous Corporation. And will not every man conceive himself unsafe in his Hereditary and Legal Rights and Property, when he finds that so great a City as London, is, without having done any thing Disloyal against His Majesty, only for some little, and as most believe, but supposed Transgression of their bounds, molested in the Possession of their ancient Franchises? Is it not rationally to be imagined that this attempt upon the Metropolis of the Kingdom, will be every where construed as a declaration of what all men are to expect, if there be but the least flaw against them to countenance the dis-seizing them of their Rights? Nor will it be here amiss to subjoin a Petition of the Lords and Commons in Parliament to Edward the II. when they found that his Officers had such a Design on foot again London, 
Ex Rot. Claudo anno 19. Ed. 2. member. 15.  as his Present Majesties Ministers seem now to have. A nostre Seigneour le Roi, auxieni prient less gents de la commune de votre Roialme, qu'il pleuse a votre haute Seigneur queen voz citeins de votre city de Londres puissent rejoier lour Franchises custum—& auncennes usages grants de voz progenitors,& de voz meismes confirmez demurer en lour force sumez easter attemptez per vos ministros pure ceo queen nostre commune recoveriz est en la dite city. And tho that Prince was not very inclinable to harken to good Counsel, the neglect whereof ended in his ruin at last; yet upon finding how the Prelates, Peers, Barons and Commons accounted the attempts of his Ministers against London, as if done against themselves, he complied with their advices, as appears by the Answer which he returned; Il penned devant le Roi& soit lined queen drait soit fait per express bref reddement. Can any one believe that the Nobility and Gentry of England at this time are less sensible of the present Prosecution commenced against the City, than their Progenitors anciently were? ought we not rather to conceive that were they once Assembled in Parliament, they would soon express their resentments of what is doing, and make their applications to His Majesty with Humility, but yet earnestness about it? By how much the Lords and Gentlemen of the Nation think their Personal safety endangered in the wresting the Right of choosing Sheriffs from the Common-Hall, by so much must they be concerned to lay this Design the more warmly to Heart. For what hath drawn so many persons of all ranks and qualities to take up their Residence in London and Middlesex, but that continuing Loyal to His Majesty and the Government, they expect more impartiality and Justice here, than they can look for in the Country? for which the Ministers having the proposing Sheriffs to His Majesty, are sure to take care that none shall be tendered, in order to be pricked and Appointed, but such upon whom they can entirely depend, for returning Jurors according to their Humour and Mind.  
Nay, thinking people are the more astonished at these late Proceedings. when they consider, that never any of His Majesties Royal Predecessors, gave way to the like Designs again the Metropolis of their Kingdom, save such as have been reckoned by all Historians in the number of unwise and unfortunate Princes. For non quic quid nocens pati meretur, id egregio sub Principe statuendum est, A generous Monarch will not be severe towards offending Subjects, provided they do but retain their Loyalty, and persevere in their obedience. As it is most certain, that the City neither claims nor practiseth any thing now, but what it hath been in the possession and usage of for divers Ages; so never any King, since Richard the Second, which is almost Three hundred years ago, ever endeavoured to seize the City Charter into their hands. Whosoever consults the Story of our English Princes, will find, that those Kings have always been most prosperous both at home and abroad, who have been most gracious and favourable to the City of London. Nor did any thing prove more serviceable to that wise, and ever to be renowned Princess, Queen Elizabeth, than her treating London at all times, as her Darling and beloved City. How often hath the City been more faulty to divers of our former Kings, than the most impudent of its enemies dare say it hath been toward His Majesty? and yet none of them, since the time of the forementioned Prince, gave liberty to their Ministers to ravish from it its Franchises and Rights. And it is not unworthy of some mens consideration, that the reason why the Londoners did receive the Duke of Lancaster, who was afterward Henry the 4th, so readily, and with so much joy and triumph into their City, and assist him so effectually against both his and their liege Lord Richard the 2d, was the remembrance of what that rash and unhappy Prince had done in the imprisoning of their Magistrates, and annulling their privileges, and seizing their Liberties, upon little and frivolous pretences, into his own hands. Yea, so ungrateful a thing hath it always been to the People of England, to have Shcriffs imposed upon, and set over them, otherwise than according to the course and direction of the Law, that it was laid hold of, as one of the most plausible Reasons for deposing Richard the 2d, when the Kingdom had rebelliously revolted from him, Quod Vicecomites nondum nominatos& electos prout Lex statuerat, 
Vid. Knighton.  said pro suae libito voluntatis,& pro suo& aliorum commodo, ad gravamen populi sui,& contra Leges Regni fecerat: That he had caused persons to be made Sheriffs according to his own humour, and for his own and others private advantage, to the great grievance of his People, and against the Laws of the Kingdom.  
And for any of His Majesties Officers, or such as act under him, to employ the Kings Authority and Name, to obtrude a Sheriff upon the City, without the Election, or at the least, the confirmation of the Common-Hall; or to endeavour to wrest their Charter from them, when it doth not appear that they have forfeited it by any disloyal and treasonable Crimes, is both the more dishonourable unto His Majesty, and disgustful unto his Subjects, because the King hath not only so often, but so lately declared, That he will always govern according to Law. And what some little people are now upon against the City, added to divers things which in other Cases they have lately practised, makes men of reading and observation remember, how that after King Charles the First had published a Declaration upon his dissolving the Parliament, Anno 1628. wherein he assured and promised all his Subjects to keep the Laws entire and inviolate, and to govern accordingly; yet immediately there ensued an intermission of Parliaments for Twelve years, and an invasion upon Liberty and Property, by erecting of Monopolies, exacting of Loans, imposing and levying shipmoney, and illegal Imprisonments of His Majesties Liege people. Not that the blame of these things was to have been imputed to the late King, who is said to have been in his Temper, an excellent Prince, and who according to our Law, could do no wrong; but they were to have been ascribed to his Ministers, the Judges telling him, that they were legal and just, and his Council informing him, that they were for his Interest, and Actions every way safe and prudent. Nor will it, I fear, be enough to say, That in all which His Majesties Ministers are now in the pursuance of, the King proceeds in a legal way, and countenanceth nothing but what there is a Right pretended for the authorizing and justification of, seeing both the pretence of a Right where there is none, as in the Case of my Lord Mayors imposing a Sheriff upon the City, without the concurrence of the Livery-men; and also the observance of legal Forms, if the drift of the Law be not attended unto, does but render these things so much the worse in themselves, and the more odious and detestable by all Mankind. For whatsoever is in fraudem Legis, is more disgustful than what is directly contra Legem. And people had rather be violently pillaged and robbed of their Possessions and Rights, than tricked and cheated out of them. For a Prince that would usurp Tyranny over a People( the thoughts whereof we believe His Majesty will always be averse from), need not put himself to the trouble and difficulty of abrogating, or declaring against Laws made to maintain the common Liberty; but he may both more safely and easily compass his Design, by getting those that have the administration of them under him, to interpret them as he pleases, and as doth best befriend him in his purposes. Nor were ever the Bulwarks of our English Laws, made ineffectual to the security of our Liberty and Estates, but when bachelors and Judges, who are sworn to advice their respective Princes to act according to the Laws, as well as to comform thereunto themselves, did either neglect and despise, or arbitrarily and extravagantly expound them. For not to mention what the Judges and Ministers in the late Kings time said was just and legal, tho when it came to be examined in Parliament, it was found subversive of all our Laws and English Rights; Did not Trisilian and Belknap, by imposing arbitrary and illegal Expositions upon our Laws to Richard the 2d, both distress the whole Kingdom, and prove an unhappy means and occasion of alienating the love of his People from him, and therein of laying the foundation of all the misfortunes and miseries that fell upon him? Nor did the Right which they claimed as Judges of interpreting and declaring the sense and meaning of Laws, save them from the punishments which the breaking their own Oaths, and making the King violate the Oath which he had taken at his Coronation, for the well and good ruling of his people, had made them deserve and become liable unto. For the Lord Chief Justice Tresilian was by judgement of the House of Lords hanged at Tyburn, having first been drawn through London streets, and Belknap being upon the intercession of the Queen and others pardonned, as to the Sentence of Death, he was outlawed, and for ever banished into Ireland. Yea, did not the Judges who took upon them arbitrarily to expound and apply the Law in King Charles the first's time, fall all of them under the censure of Parliament; and had not one of their Heels done his Head a courtesy, he was sure to have died for it? How ill will some men deserve of the King, if the things which they hrve put him upon cannot, after all their endeavours, be carried? And what are they to expect from a Parliament, if the advice which they have given, be found unjust and pernicious? Nor will it be a small aggravation of their Crime, that they have put His Majesty upon these things, after he had so often declared upon the Word of a Prince, That he would always govern according to Law. It would really grieve any one that loves the Person of his Prince, or that desires the honour and security of the Government, to hear what kind of Discourse is the entertainment that a man shall meet with in all Companies. For says one, Is this His Majesties ruling according to Law, to suffer his Authority to be employed to divert the edge of Justice from one sort of his Subjects, and to permit the Law to be turned against others in the extremest rigour? Is this, says another, His Majesties making the Law the standard and measure of his Government, to preserve those whom Parliaments have impeached as guilty of the highest Crimes, and at the same time, through the influence of the guilty and accused, to apply it to the distress and ruin of those that the great Senate of the Kingdom do judge both the Kings honour, and the preservation of our Religion and Liberties to depend upon? What an unhappy posture are we in, says a third, that a mighty and opulent City, and which is our Monarchs Royal Chamber, shall be attacked in their Rights and privileges; and that the pleasing and obliging a Popish presumtive Heir, or may be only for the gratifying of an upstart Knight, who had all his days remained upon the level with the meanest Gown-man, had not the Cities honouring him in and by their Service, given him an opportunity of frequent access to his Majesty, to whose Benignity and Grace, in the lack of all personal merit, he is indebted for his exaltation and rise. The Sheriffs of London and Middlesex, says a fourth, were never reproached for the return of the Jury that acquitted Sir George Wakeman, tho his flight since is no small evidence of his guilt; and must they be not only every day exposed for the return of the panel that brought in an Ignoramus upon the Bill against the Earl of Shaftsbury, whose innocency as to the Crimes whereof he was accused, does every day appear more evident and illustrious; but must this be turned and improved into an occasion of offence against the whole Corporation, and made a justifiable ground of stripping and divesting the City of its Jurisdictions and privileges? Hobb's state of Nature is much more desirable, says a fifth, than to live under a Government where when men upon the performance and discharge of their duty towards their Rulers and one another, expect to have equal favour and protection from those that are over them, do instead thereof become the objects of the Magistrates jealousy, and are surrendered to be preyed upon by their fellow-subjects. Are the pretended Crimes, says a sixth, upon which the Quo Warranto is served against the City, of yesterday's standing, and of late date? Or where have they lain dormant all this while? Are Mr. Duboise and Mr. Papillion, saith another, such stupid and nonsensical Fops in comparison of politic Sir John Peak, and Sir Simon Lewis, as that a project should be set on foot of debarring and excluding these as persons incapable of serving his Majesty and the City, while these were welcomed into their Office as men not only admirably qualified for the place, but as proper Instruments through their vast and acquired prudence, both to sustain the weight of that Employment, and to support and raise the Honour of his Majesties Government. Nay, says another, this proceeding from favourers of Popery about his Majesty, is but a praeludium of what we are to expect when Papal Counsels shall only obtain. For we have a pattern, says he, of what it is to govern according to Law, in a Proclamation by Queen Mary, 
See Burnets Collect of Records to the 2d part of the Hist. of Reform. p. 114.  the tenor whereof is, That those to whom it was directed, should do such and such things as are there mentioned and required, any Laws or Statutes to the contrary notwithstanding. And as these are some of the Reflections that are commonly made upon the present proceedings; so it is impossible while men have not the command of their understandings, to judge otherwise than the state and nature of things guide them unto, but that their loaded and overburden'd minds should vent themselves in such expressions as these are.  
But doth my Lord Mayor consider what he is about, and wherein such an attempt may issue, as his imposing a Sheriff upon the City without the Confirmation of a Common-Hall, seeing he cannot but understand that both the Laws and uninterrupted Custom of the Corporation, do positively require and direct the contrary? Will it not be enough to embalm his Memory, That his being in the Chair hath been that which hath principally encouraged some little men to obtain the serving of a Quo Warranto upon the City for the seizing of their Charter, but must he to the further glory and reputation of his Name, both forget his Trust, and by such an Act as This, give up the Liberties and Lives of his fellow Citizens to the Will, Malice, and Rage of some mean, ill-principled, and implacable men? For his Lordship cannot be so voided of Understanding, as not plainly to perceive, That it is only in order to Hang such Protestants a Sir G. J. and those Ministers whose Tool he is, are incensed against, that he hath been so often and so importunately pressed to this method and course that he is entred upon, and still seems inclinable to persevere in. Nor can he think but that Mr. Duboise and Mr. Papillon are as prudent and honest Gentlemen, and as capable to serve his Majesty and the City, as that person is to whom his Lordship hath been pleased to drink; and that should they be chosen Sheriffs, they will discharge their Office with as much Loyalty as even Mr. North himself can be supposed to do. And if his Lordship's present Greatness and honourable Station have not made him lose his sense, methinks he should easily smell and a●prehend some bad Design, in finding himself at such a juncture, put upon the obstructing the choice of two such worthy and deserving persons. It would now seem that it was not for nothing that some people were so zealous, and did so industriously stickle for Sir John Moor's Election to the Chair; for it appears they knew in the service of what design they should use his Lordship, and what point they hoped to gain by his carrying the Sword. Nor was it without cause that the news of his being chosen Mayor was entertained with no small joy and triumph at Holy Rood House, for some behind the curtain had undoubtedly laid the p●●ject of serving themselves in this, if not other considerable matters, by him. But forasmuch as my Lord hath been heretofore reported to be an honest and well meaning Gentleman, tho he was never conceived to be so great a Politician as to be able to penetrate into the hidden designs of Statesmen, or see through the plausible pretences of crafty and subtle people; it may not be amiss for him to consider whether this which he hath suffered himself to be prevailed upon unto, be agreeable to the Charters and Customs of the City, and consistent with the Oath which he hath taken to observe and keep them. And as we doubt not to prove anon, That the Right of Electing Sheriffs of London doth both by Charter and constant Usage belong to the Barons or Free-men, as well as to my Lord Mayor and Court of Aldermen; so it may not misbecome his Lordship to think what honour from others, or peace in himself he is like to have, if he violate his Oath, and trample upon the Rights and privileges of the Corporation. But if through a fear of displeasing some great men, he should be influenced to forget the Obligations he is under by virtue of his Trust and Oath, yet let the kindness which he retains for his Liberty, Life, and Estate, prevail with him to consider wherein he is embarking, and what his pretended Advisers and daily Visitants do put him upon. For as the being Lord Mayor does not give him an Arbitrary power, so he is liable of being called to an account for every violation of the City-Rights, and for all Offences against the Faith and Trust which are reposed in him. And how much any Crime he becomes guilty of in the exercise of his Government, proves pernicious and fatal in the consequences of it, by so much ought he to reckon himself liable sooner or later to the greater punishment. And let me as a friend to his Lordship tell him, That in the 50 of Ed. 3. not only several were disfranchised for Offences contrary to their Oaths as Citizens, but that one Ellis and some others were impeached in Parliament for Crimes of that kind. And his own memory will serve to instruct him, how that Anno 1642. Sir Richard Gurney was impeached by the House of Commons for having contrary to his Oath, and the Faith and Trust reposed in him as Mayor, endeavoured to bring in an Arbitrary Government into the City, and to overthrow the ancient Customs and Usages thereof, and for which he was censured by the House of Lords to be incapable to bear any Office of Honour or Trust in the Commonwealth, to be degraded of all Honours and Titles, and to continue Prisoner in the Tower, during the Pleasure of Parliament. And whatever Exceptions that Impeachment is liable unto, upon the account of the matters whereof he was accused; yet it serveth to declare the power of Parliaments over Lord Mayors of London, and how they are obnoxious to answer for Crimes against the Customs and Usages of the Corporation. And it were ridiculous to imagine, how their Lordships, in case they transgress, should have a privilege to escape animadversion, when the greatest Peers in the Realm, the most immediate Ministers of our Kings, and the highest Officers of the Kingdom, are subject to the Authority and Jurisdiction of Parliaments, and often made to feel the effects of their Justice.  
And as this Usurpation upon the Rights of the City, was little expected from Sir John Moor; so his carriage in this Affair, shows us how far some people may be deceived in the opinion which they entertain of men, and what little trust there is to be given for the future, to the representations which some make of their own Principles and Resolutions. 'tis true, there were a great many Citizens, and even of those who had no ill thoughts of him in the general, that yet knowing the easiness of his Nature, believed he would not be able to pursue and follow his own inclinations, but that he would be carried away by the torrent of great mens importunities, if not hectored by their Rant, and huff into whatsoever they had a mind unto; and therefore were willing to have adjourned his exaltation to the Mayoralty, till a season that might have better accorded with the Gentlemans Temper, and when heats and passions might be more allayed among ourselves, and dangers fewer, and less threatening from our enemies. Nor was this out of any quarrel against his Lordships person, but merely with respect to our own safety, and for the preserving ourselves from ruin, and to prevent the inconveniencies which we foresaw the facility of his Nature would run both himself and us into. And this courtesy we had infallibly done him, and been withal so kind to ourselves as became us, had not the fanatics, according to their wonted prospect, and usual prudence, concurred many of them in his Election, and thereby derived all those difficulties upon him, themselves, and us, which have since ensued, and wherewithal we are now wrestling and contending. However, I hope the fruits which they have seen of their precipitancy, and want of distrust, will instruct them to be more cautious and discreet for the future, than to choose one to the Chair in such a critical juncture, upon no better motive than merely because he is next to it.  
But now in case his Lordship should not only neglect his Honour, sacrifice his Conscience, but venture his Life, as well as his Estate, if that he may but gratify half a dozen of people, and give them an opportunity of hanging what Protestants they have a mind to; yet it is the concernment of the Gentleman whom he pretends to honour, by calling him to the Office of Sheriff, not to suffer himself to be decoyed and coax'd into a noose by his Lordship. For whosoever enters upon the Sherifalty of London, that is not legally, and according to Charter elected thereunto, will both find himself liable to be proceeded against, as an usurper of that Office, and be made accountable for whatsoever he does in the pretended discharge of it. There is not a Writ he executes, nor a person he detains in hold, nor any that he shall see the Sentence of the Law executed upon, tho never so legally, and for never so heinous Crimes Convicted and Condemned, but he is to expect to have it all rise in judgement against him, and to be made answerable for it. For as it is the Law alone that gives him his Authority and Power, and protects him for all that he does in the legal exercise of it; so it conveys no Right, Jurisdiction or Authority unto him, but upon the supposal, that he is elected and chosen in the manner which the City-Charter prescribes, and according to the custom and usage of the Corporation. And it is as lawful and safe for a Porter at the Exchange, to take upon him to keep men in prison and duresse, or to challenge the execution and serving of Writs, or to claim the seeing Malefactors hanged, as it is for one that pretendeth to the Office of Sheriff of London, upon no better foundation than my Lord Mayors drinking to him at the Bridghouse. Nay, there is not a sergeant, bailiff, or the meanest Officer under him, but is liable to be punished for whatsoever they do, either in the pursuance of an Authority derived from him, or upon the immediate execution of his Commands, and obeying of his Orders. And therefore should my Lord Mayor insist upon his having drunk to a Gentleman, as a good and formal Election of him to the Sheriffwick, yet if that Gentleman be not delirous and infatuated, he will never hazard his Liberty, Fortune and Life, in the undertaking an Office that he is not better and more loyally called unto.  
So vain, foolish and groundless is this pretended Jurisdiction and Right of my Lord Mayors electing a person to be Sheriff of London, by the Ceremony of drinking to him, that there is not so much as one man in the whole City, even of those that now seem to allow of it, but that he either already hath, or will at one time or another find himself obliged to contemn and withstand so great and palpable an Usurpation upon his Rights and Liberties. And tho some mad and fantastical fools may in the pursuance of the animosities which are raised both in City and Kingdom, acquiesce in such a Choice, when they find it to the gratification of their malice and revenge against those whom passion, and Popish bigottedness make them differ from; yet they will be as ready as any to withstand and abhor it, whensoever the Tables shall so far turn, as that we have a Mayor who will think it convenient, and even needful, to drink to one of the contrary and opposite Party. Yea, did not the very persons that are now so zealous for the justification of this matter, and supposed legality of electing one of the Sheriffs by my Lord Mayors drinking to him, but a year ago both ridicule this won●ed Ceremony, and endeavour to put by Alderman Pilkinton, whom Sir Patience Ward, the then Lord Mayor, had drunk unto? And did they not in contempt and defiance of this claimed Right of the Mayor, and usual and much celebrated Rite of drinking, endeavour to servile the person to whom, according to this new celebrated Mode, the Sheriffwick had been adjudged; and both put up and Voted for Sir Humphrey Nicolson, and Mr. Box, the persons they would have had Sheriffs for the year that was to ensue?  
Having, as well as we are able, discoursed the foregoing Heads, we are to advance in the next place, to set it beyond all contradiction and control, That the Right of choosing the Sheriffs of London, does by Charter, as well as common usage, lodge not in the Lord Mayor alone, but in him, the Court of Aldermen, and the Commons of London. And as it is not easy to declare the Antiquity of this great and honourable City, so no more are we capable to assign the time when it first had such Magistrates and Officers, as those we do style Sheriffs. But this we learn from Stephanides, who wrote in the time of Hen. I. That even then Civitas London habuit annuos pro consulibus Magistratus vicecomites, 
Ex M. ss. in Biblioth. Cotton.  the City of London had besides all other Magistrates, yearly Sheriffs. Nay, we learn from a Plea put in by the City, in the Reign of Henry the 6th, upon a Cause depending before Commissioners appointed by the King, between the said City, and St. Martins le Grand, That Gulielmus Conquestor authoritate Parliamenti,& per duas Cartas quas mayor& Cives proferunt& verificare parati sunt, dimisit Civibus London totam dictam Civitatem& Vicecomitatum: William the Conquer●● demised and granted to the Citizens of London, 
Lib. K. fol. 120.  by the authority of Parliament, and by two Charters, the whole City and Sheriffwick of London. And for the Sheriffwick of Middlesex, they have always enjoyed it at the yearly Rent of 300. l. since Henry the first's time. For that King granted Civibus land. & Heredibus suis, Vicecomitatum land. & de Mid. To the Citizens of London, and their Heirs, the Sheriffwicks of London and Middlesex. And King John in the first year of his Reign, granted and confirmed to the Citizens and their Heirs, Vicecomitatum London & de Middlesex, &c. the Sheriffwick of London and Middlesex, with all the customs to the Sheriffwicks belonging, to be enjoyed by them and their Heirs freely and quietly, honourably and wholly, by the feefarm of 300. l. per Annum. And in the 11th, year of Henry the third, they had by another Charter the said Sheriffwicks of London and Middlesex demised and confirmed unto them, with all the Things and Customs thereunto belonging. Now all these Charters have by inspeximus's been confirmed under the great Seal of England, by Edward 1. Edward 2. Edward 3. Richard 2. Henry 4. Henry 5. Henry 6. Edward 4. Richard 3. Henry 7. Henry 8. Edward 6. Queen Mary, Queen Elizabeth, King James, King Charles the 1st, and his present Majesty.  
Nor were these Charters, so far as any of them relate to the Sheriffwick of London, Original Grants, but only Confirmations of what the City had by prescription possessed and enjoyed long before. For the late Lord Chief Justice Hale said well and truly in a Case wherein being a barrister, he and sergeant Maynard were council at an Argument in Guild-Hall, 
See land. Liberties, or an Argument of Law and Reason, &c. Printed by J. Cotteril for Giles Calvert. 1651.  Decemb. 14. 1650. concerning the Right of Electing the Lord Mayor and Sheriffs of London, namely, that the Charters were only confirmations, and not Originals, forasmuch as the City had time out of mind enjoyed the Officers of Mayor and Sheriffs by Prescription. And for the Sheriffwick of Middlesex, they have held and enjoyed it by Charter ever since the time of Hen. the 1st, at the yearly rent above mentioned. And whereas the Charters of King John and Henry the 3d. say, concessimus& confirmavimus civibus Londini vicecomitatum de mid. We have devised and granted to the Citizens of London the Sheriffwick of Middlesex; it is plain that these were not Original Grants, but only confirmations, seeing Henry the first had granted the Sheriffwick of Middlesex to the Citizens of London before. And by the way, forasmuch as in the information upon the Writ of Quo Warranto brought against the City, they are to show by what Warrant they Nominate, Elect and constitute Sheriffs of London and Middlesex, to execute and make return of all Writs, Bills and Precepts Domini Regis infra civit' Londini& commitatum mids. pro administratione& executione Justitiae, &c. absque commissione, sieve literis patentibus a Dom. Rege obtentis, of our Lord the King in the said City and County, for the administration and execution of Justice, &c. without commission or Letters Patents from the King. We therefore say that all the Charters bearing not only a Grant and confirmation of the said Sheriffwicks, but of all the Things, customs and privileges which thereunto belong, there is no need of any particular clause in the said Charters, as to those Articles, seeing it is plainly implyed in the Demised and Confirmed things and customs▪ yea, the very Grant of the Sheriffwick involves a concession of those Powers and Authorities. And for any to imagine the contrary, is to make the Charters of all the Corporations in England insignificant, and to instigate the King to disseise His liege People of their Rights upon a mere Quillet and Trick. And tho such little arts may become Sr. G. J. and Mr. S. yet they are below the honour, and inconsistent with the wisdom and justice of a Prudent and Great Prince. Nor is it unworthy of our Remark, that the Act of Parliament of the first of Edward the 3d, which confirms unto the Citizens of London all the Liberties and Customs which they had enjoyed in the time of Edward the confessor and other Progenitors of the said Edw. 3d. expressly says that the City had divers Liberties and privileges not only by the Charters, but, fine Cartis ex antiquâ consuetudine, without Charters, namely by Prescription and ancient customs. And how easy were it to assign divers privileges and Rights of the City, of which there is not the least mention in any Charter, which yet upon Bills, Petitions, or trials, have been acknowledged rightfully to appertain and belong unto them by virtue of Prescription and Ancient Usage. For as sergeant Maynard said in his Argument at Guild-Hall, Dec. 14. 1650. The Charters of the City do not give them a Right, but are only matter of confirmation of the Rights which they immemorially had; and that their Officers were before Charters, and not instituted by them.  
Now all the Rights that are dimised and comfirmed by Charter to the City of London, are not only granted to the Mayor, but to the Free-men and Baroms. For the Tenor of them all is either Civibus nostris London, as in the Charter of Rich. the first, and the Charter granted by King John, and that of the 11 of Hen 3. And particularly the Right of choosing Sheriffs is dimised, granted and confirmed to the Citizens and Free-men. For the Charter of the first year of King John expressly says, Concessimus Civibus London, quod ipsi de seipsis faciant vicecomites quoscunque volverint,& amoveant quando volverint, We have granted to the Citizens of London, that they shall elect from amongst themselves what Sheriffs they please, and remove them when they please. Accordingly Edward the Second in a Writ directed to the Lord Mayor and Sheriffs in the 8th. year of his Reign, takes notice, that by the Charters of his progenitors the Kings of England, it had been granted, Civibus praedictae civitatis, quod ipsi vicecomites de seipsis quos volverint eligant, to the Citizens of London, that they should from amongst themselves choose and elect such Sheriffs as they pleased and thought good. This is the Tenor in which all the Charters run, and the custom and usage of electing hath been always conformable hereunto, as we shall make appear anon.  
Nor does the Right of the City, as to the power of choosing Sheriffs, or in reference to the privileges which they have anciently enjoyed, depend merely either upon Prescription or Charter, but they are confirmed and secured unto them by Laws and Statutes. The Great Charter of the liberties of England which was first Granted in the 17th. year of King John, and renewed in the 9th. year of Hen. 3. and confirmed above thirty times in Parliament since, does particularly provide, that the City of London shall have all her Liberties and Customs which she was used to have. And as that Charter is but Declarative of the Rights which belonged to the People of England by the Common Law of the Land; so it supposeth London to have had many Liberties and privileges peculiar to itself, all which it confirms unto them by the same unalterable Law that it secured the Rights of the Kingdom. Yea, the Liberties, privileges and Jurisdictions of London are in a most especial manner ratified and confirmed by Act in the first of Edward 3d, in which that great King grants and secures unto them, not only, omnes libertates& antiquas suas consuetudines, all their liberties and ancient customs which they either had at the time of making the Great Charter, or which had been granted by the Charters of any of his progenitors( of which the Right of choosing their own Sheriffs, was one); but, diversas Libertates& consuetudines, quas sine Cartis ex antiqua consuetudine habuissent, divers Liberties and customs which they had and enjoyed without Charters, namely, by perscription. And there is One Remarkable Clause in that Act, viz. Et quod pro aliqua personali trangressione, vel judicio personali alicujus ministri ejusdem civitatis, 
Actus Parliamenti, 18 Edw. 3d. Inspect. 2 Hen. 8.  non capiatur Libertas civitatis illius in manus nostras, vel Haeredum nostr'; That the Liberties of that said City shall not be taken into the hands of us or our Heirs, for any personal transgression or Judgement of any Minister of the said City. Nor is this Act single and Solitary in this matter, but there is another in a Parliament the 7th. Rich. 2. wherein that King upon the Petition of the Commons, comfirms unto them all their Franchises and privileges, 
Rot. Parliam. 7. R. 2. Inspect. 8. Jacobi.  and that with this Clause, sieve usi non fuerint, fivi abusi fuerint, whether they were either such as they had abused, or had not made use of. And it is most probable that King Richards violating this Law by the seizure of the City Charter in the 16th, year of his Reign, was part of the reason of the 16th Article against him, upon which among others they deposed him; namely, That he the said King not willing to keep the just Laws and customs of his Kingdom, but according to his Arbitrary will, to do, quicquid desderiis eius occurreret, 
viz. Kingston.  whatsoever should occur to his desires, &c. had said, quod ipse solus posset mutare& condere leges Regni sui, That he himself alone could make and change the Laws of his Kingdom. And the Attempt of Richard 2. in the seizing of the City-Charter into his hands, having not only greatly alarmed all the other Cities and Burroughs, but wonderfully disgusted the whole Kingdom, may be the Reason why in the Reign of succeeding Kings, 
See Rast. Stat. 2 Hen. 4. c. 1. 4 H 4. c. 1. 9 H. 4. c. 1.13 H. 4. c. 1.  we have the Liberties and Franchises of all the Cities and Burroughs of the Realm, confirm, and secured by Acts of Parliament, and that equally with the Liberties and Franchises of the Lords Spiritual and Temporal, and all other liege People.  
And according to the tenor of the Charters which have been so confirmed by Acts of Parliament, have the Free-men, together with my Lord Mayor and Court of Aldermen, from time to time elected and chosen Sheriffs. It is true, there have been some variations, as to the numbers and qualifications of Free-men that have been admitted to choose; but there was never to this day a Sheriff constituted over the City, by the mere Authority of the Mayor, or the majority of the Court of Aldermen, without the concurrence, choice and confirmation of the greater part of those Freemen who have made up the Common-Hall. Anciently all the Free-men had a Vote in the Election of the Mayor and Sheriffs; but that growing impossible to be practised, through the vastness of the number of Free-men, and that manner and form of choosing those Officers having been often attended with Riots, the City thought fit to regulate it; but still with this Reservation and Provision, That no Mayor nor Sheriff should be chosen without the Concurrence, Vote and constitutive Consent of a competent number of Freemen. Thus we find, That in the Reign of Edward 1. Edward 2. and some part of Edward 3. the Sheriffs were chosen by the Mayor, Aldermen, and a cettain number of good and loyal men, out of the several and respective Wards. For we find, that in the sixth of Edward 1. Vicecomites electi fuerunt, 
Lib. A. fol. 121.  per Majorem, Aldermanos,& probos homines Civitatis, the Sheriffs were chosen by the Mayor, Aldermen, and the good or lawful men of the City. And in the 31, 33, 34, Edward 1. and 1, 2, 3, 4, 5, 6, Ed. 2. we find, that they were chosen by the Mayor, Aldermen, and Twelve Free-men out of every Ward. But in all that time, we have not one word of the Mayor's having a Right, by his Prerogative, to choose one of the Sheriffs; but from the 20th of Edward 3. which is above 200 years since the Sheriffs of London have been always chosen by the Mayor, Aldermen, Common-Council, and Livery-men. And as the Rights granted to the City by the Charter, of choosing their Sheriffs from among themselves, is hereby truly preserved, the Free-men still choosing, tho every Free-man doth not choose; so this is both a prescription and usage of too long a date, and a form and manner of electing, the benefits and advantages whereof we have so fully tasted, that the present Mayor ought not either out of a Capricio of his own, or at the instigation of others, who design no less than the destruction of many principal Citizens, to attempt the wresting so useful, necessary, and well established a Right from the City.  
'tis true, that ever since about the 20th of Edward the third, my Lord Mayor hath had the naming or proposing one person for the Shrivalty of London and Middlesex; but his nomination was never held to constitute the said person Sheriff, or to preclude the free choice of the Commons. Nor may it be amiss briefly here to unfold both the first occasion of, and the moving Reason unto it. The occasion seems to have been this, That whereas a Parliament held in the 20th Edward 3. had made a Law, That Justices of Assize should inquire into the Misdemeanours of Sheriffs, and punish them as well at the Kings svit, as the parties, according as Law and Reason should require; thereupon many Citizens that were qualified to serve the City in the Office of Sheriffs, being fearful and timorous, lest upon little miscarriages in that Trust, they might bring their Liberties and Estates into danger, used to withdraw themselves, in order to decline their being Elected. Therefore there was the same year an Ordinance made by the Lord Mayor, certain Aldermen, and the Sheriffs, de assensu totius communitatis, with the assent and concurrence of the Commonalty, That if any absented himself out of the City at the day of the Election of Sheriffs, he should pay to him that should be chosen, by his withdrawing and default, the sum of 100 l. and that the Mayor, who is supposed to have better knowledge than others, which of the Citizens are most fit for so weighty an Office, should present and nominate one person to the Commons, in order to the being chosen Sheriff. And yet notwithstanding this Ordinance, we do not find that ever the Mayor assumed the Authority of imposing whom he had name, upon the City; but the Commons have always enjoyed the Right of refusing or confirming the Person Nominated and Presented. And as the Mayors nominating a Person, was never transacted at the Bridg-House, till since the Reign of Hen. 8. so he always took the advice of his Brethren the Aldermen, whom he should recommend as a person in his or their Opinion worthy to be Elected Sheriff. Hence during all the time from the 20 Ed. 3. till the 1st Hen. 8. we not only red that apud Ghihaldam, such and such a one was name by the Mayor; but that they were always Presented to the Commons, nomine Majoris& Aldermanorum.  
And tho' later Ages have brought what used to be tranfacted in the Court of Hustings at Guild-Hall, to be managed at a Dinner at the Bridg-House, and hath connived at a greater Arbitrariness of naming and presenting in the Mayor, than anciently belonged unto, or was claimed by him; yet no one Mayor till Sir John Moor, ever placed so much in Drinking to a person, so as upon that to require Bond of the person Drunk unto to hold Sheriff, before he is so much as presented unto, much less confirmed by the Common-Hall. And tho' those whom former Mayors have usually name, have been seldom refused or rejected by the Commons; yet this did not arise from any Right in the Mayor, by virtue of the Prerogative of his Place, to Elect one, or that the Commons were obliged tamely to acquiesce in whomsoever he Presented; but because our Mayors have been for the most part so modest and discreet, as to nominate such persons which were acceptable to the City, and Gentlemen of that Worth, Justice and Integrity, that the Citizens themselves knew not where to find better. And indeed the privilege vouchsafed my Lord Mayor, of naming and tendering one to the Hall for Sheriff, was to serve the interest, and to provide for the safety of the whole City, and not to gratify the humour and rancour of a little venomous and factious Party; it was in subserviency to the equal preserving the Liberties and Lives of all the Free-men, and not to sacrifice the most useful in the Corporation, to the revenge of their Enemies: Yet even heretofore the Commons have found cause to assert their privileges and Rights, and not implicitly to acquiesce in every one whom their Mayors had named unto them. For besides, that whensoever any person whom my L. Mayor hath name by the Solemnity of drinking, and pricked with a kind of Authority for the ensuing Sheriff, doth but for reasons which himself assigns, refuse or decline the Office, than doth the naming and electing both the Sheriffs, devolve upon, and by his own acknowledgement lodge in the Commons. And to omit other instances of this nature, I shall only mention that of the 29 of Eliz. when Richard Platt, whom my Lord Mayor had drunk unto, had by his Petition excused himself, how the Commons without the interposition of the Mayor, name and Elected Hugh Offler and Richard Saltonstall. To which I shall subjoin that late memorable President of the 32 Car. 2. when George Hock●nall being drunk to, and presented to the Commons for their Confirmation, having upon just and good grounds disengaged himself from serving, the Commons without vouchsafing my Lord Mayor the Prerogative of a new nomination, Elected and choose Slingsby Bethel and Henry Cornish. Again, is there any thing more obvious and frequent, than that when such whom my Lord Mayor hath presented, have notwithstanding the honour of his Lordships nomination, and the reputation of being complemented and caressed into an Office by a Glass of Wine, submitted to their Fines, rather than be wheedled into the expense of three or four Thousand pounds in the Sherivalty, by pledging him, that in such a case the Commons have been very tantely suffered to claim the naming and electing both the Sheriffs. For example, when— Charlton, whom in the 16 Car. 1. my Lord Mayor had Drunk to, yet for causes best known to himself, had the morning before the Election at Guild-Hall, choose rather to Fine than to run the risk of being confirmed by the Commons to hold; the Election of Sheriffs for the ensuing year, devolved without any dispute upon the Common-Hall, who accordingly choose John touse and Hugh Windham. Surely these cases do to any man of sense demonstratively evince, That the Right of choosing one Sheriff does not belong unto my Lord Mayor, seeing if it did, it would indubitably belong unto him upon one mans refusal immediately to nominate another; But is not this a strange kind of Right to be lodged and vested in any which he can no where exert but in such a place, and at no time but such a day? For suppose that he to whom the Mayor drinks at the Bridg-House, should either by Death, or swearing himself to be less worth than 10000 l. or by some other accident, prove uncapable of serving, must not in these cases his Lordship, for all his Prerogative of being to choose one Sheriff, be quietly contented with two such as the Commons think convenient to name, as well as to Elect. For my part, I never think of this pretended Prerogative of my Lord Mayor, but I think some envious Fellow that would expose the Honour of the City and Nation, was the first inventor and adviser of it. Nay, to proceed a little further, Even when none of these things have intervened, yet the Commons have disputed and contested the Mayors Power in this matter, and have made him, if not plainly renounce, yet wave and abandon the insisting upon it. Thus in the 19 Car. 1. when the Mayor had nominated and presented John Fowke, the Commons refused to confirm the Election; upon which it was agreed that the Commons should for that time have the nomination of both the Sheriffs. Accordingly proceeding to Choice, and thinking it enough that they had asserted and vindicated their Rights, and made the Mayor supersede his pretended Election, and having no exception against the person, or dissatisfaction as to the worth and merit of John Fowke, but being merely discontented at my Lord Mayors usurping upon their privileges, and attempting to thrust a Sheriff upon them, they choose the said John Fowk for one Sheriff, and James bounce for the other. Thus also in the 26 Car. 2. when the then Mayor had drunk to William Roberts, and recommended him to the Hall to be confirmed; they of the Livery did notwithstanding the high value which they had for the said Mr. Roberts, refuse to confirm him upon this and no other account, but That the Mayor claimed it as his Prerogative to choose one of the Sheriffs, and that he would have imposed him upon the Hall for their acceptance, as one that was both already and rightfully Elected. And we may very well remember, that after a stiff and long contest, the Commons were permitted to choose both the Sheriffs, and my Lord Mayor was willing upon such a compromise that signified nothing to the maintaining of his pretended Prerogative, to submit thereunto, and acquiesce in it. There are several more instances and examples of this kind, but these are enough to inform and convince persons that have not renounced Reason, That the Lord Mayors drinking to one at the Bridg-House, does not bind the Common-Hall to confirm him for Sheriff, nor restrain them from Electing another in his room.  
Now I know but one thing that can with any umbrage of Sense be ●… rarred unto, as a Justification of my Lord Mayors Prerogative to elect ●… ually one of the two Sheriffs for London and Middlesex. And it 〈…〉 an Act of Common-Council in the 7th. of the late King Charles, in ●… hich among other-things, It is enacted, ordained, and established by the Lord Mayor and Aldermen, and Commons in Common Council assembled; 〈…〉. That from thenceforth for ever, the day as well for Confirmation 〈…〉 Allowance of such persons as hereafter shall be chosen and elected by ●… e Lord Mayor of this City for the time being, to be Sheriffs of the ●… d City and County of Middlesex; as also for the Choice and Election 〈…〉 such other persons as by the Lord Mayo●, Aldermen, and Commons 〈…〉 all be chosen to be Sheriffs of the said City and County of Middlesex, ●… all be yearly held on the 24. day of June. To which ● briefly reply two ●… ings, whereof the first is, That if the meaning of this Act of Common Council be, what the Advocates for my Lord Mayors Pre●… ogative contend for; namely, that the right of Electing one She●… ff is in him, and that the Commons are tamely to acquiesce in, and ●… plicitely to consent to the choice which he is alleged to make ●●… say, If this be the meaning of the Act, it is directly against all their Charters which have been ratified by so many Acts of Farliament; therefore ipso facto voided and null. For tho' my Lord Mayo, the Court of Aldermen, and Commons in Common Council assembled, may make Laws agreeable to the Charter; yet they can make ●one that directly gainsay and overthrow it. And if an Act of Pa●●… ament may be null in itself, and those punished that presume to Act upon it when it is against those Rights which we enjoy by the Common Law of the Land; surely an Act of Common Council may also be null, if it be against those Liberties which belong unto the Citizens by Charter and Prescription. And if an Act of Parliament upon the Authority whereof Dudley and Empson acted, would not preserve them from being hanged, because 'twas against the Common Rights of English men: it is very likely that an Act of Common-Council will not secure others from being called to an account, if they trample upon the legal privileges and Jurisdictions of the City. And I remember that the Commons of England in Parliament assembled 2. May 1628. did judge and declare upon the Complaint of one Legate, a certain Act of the Common Council of London to be null in itself, and all Proceedings upon it to be unjust and illegal. And in the 17. Car. 1. where upon a frustration of the Election of Sheriffs on Midsummer-day because of the Commons refusing to confirm him whom Sir Edward Wright the then Lord mayor had name, the whole matter, was brought before the Lords assembled in Parliament; I remember how on the hearing of both Parties, Their Lordships did order, That the Commonalty should forthwith proceed to the nomination and Election of both Sheriffs for the year ensuing. Though I do confess, that in the said Order, they do not preclude the Mayors from disputing their Prerogative in a legal and fair way, if they have any. And forasmuch as most of the Cases I mentioned before, wherein the Mayors waved and abandoned the insisting upon any Prerogative or Right in this matter, have fallen out since the said Act of Common-Council was made; this plainly testifies and shows, that themselves judged that Act of Common-Council too weak and incompetent to support and justify their Claim of imposing a Sheriff upon, or prescribing one unto the City.  
Secondly, I say, that the words in the said Act of Common-Council, which provide that the Commons are on such a day to confirm and allow him whom the Mayor hath elected, do plainly declare, That they have power not to allow, or confirm him? For what sense is there, to say, They are to allow and confirm, if they have not the liberty and privilege to disallow, and refuse to confirm? And what becomes of the libera Electio vicecomitum, that is to be granted to the Barons or Freemen of London by so many Charters, and provided for by the City Laws, if the Commons be bound to submit to the Person that the Mayor does name? This were to betray you into Slavery by the plausible Terms of Liberty, privilege, and Power, and to cheat you of your Rights by fair, but insignificant and fallacious words. Rouz● up yourselves then to a modest, peaceable and discreet Consideration of your Duties. You may easily know where your In erest lies and what is designed by the warmth and Indefatigableness of your E●emies. The business relating to the Quo Warranto, and concerning the forfeiture of your Charter, is before the Judges, who I suppose will do you Justice and Right, and remember that there is no president that ever this great and honourable Metropolis of the Kingdom was ever wholly disfranchised, or reduced into a Village, since it was first a Corporation. And had that at any time been, they could never since have claimed those privileges and Jurisdictions which they held and enjoyed by ancient Prescription. For if Prescription be once extinguished, no Princes Grant afterwards, or Writ of Restitution can revive it. 'tis true, there have sometimes been seizures of the City Rights; but I dare boldly say, That the City was never to this day discorporate; only their privileges were taken into the hands of some of their Kings, till they had made some little Submission, and reconciled themselves by some petty Gifts to their angry and incensed Princes. Yea, the last seizure of the City privileges which was in Rich 2's. time above 290 years ago, was not upon a Sentence or Verdict of the Judges of the Iter's, 
See Walsing. R. 2. p. 348.  or of the Courts at Law, but merely an Act of the Will and Pleasure of that King, with and upon the advice of some Lords whom he had called together and consulted in that affair, And I am almost ready to think, that if the Lords the Judges should annul and give away the Franchises of the City upon the Quo Warranto brought lately against it, that then they may ere long find another served against the House of Commons, as being according to Dr. Brady of a much later standing, having had its first beginning only in Hen. 3's. time;( and that, if you will believe him, merely upon Rebellion), and being voiced by many to have behaved themselves for some years past unmannerly to his Majesty, presumptuously towards his Ministers, and arbitrarily towards divers of those who style themselves his Majesties only Loyal Subjects. But Gentlemen Citizens! tho' the matter of the Quo. Warranto doth not lie before you, yet the preserving your ancient and legal Right of choosing both the Sheriffs is wholly in your own hands, and under your power, and none can strip or deprive you of it, unless yourselves renounce and abandon it. And let me only tell you, That if you acknowledge a Prerogative in the Mayor to choose arnually one Sheriff, it is more than probable, that your Mayors may in process of time challenge and usurp the Election of both. For the Freemen have the same Right and Authority annually to choose two, which they have to choose one; and if they suffer themselves to be wheedled or threatened out of the first, it will be a good encouragement for the Mayors to wrest the second from them likewise. For it is not by reason of any apprehension or fear of Danger unto themselves from the Gentlemen that are thought upon by others for Sheriffs against the ensuing year, that they make all this Clamour, Contest and Bustle, but it is from a hope and belief to distress and ruin you, if they can but obtain a Sheriff of their own Kidney and Figure. Have any of them suffered by means of the Injustice or Partiality of the Gentlemen who have executed that Office these two last years? Nay, have not some of them escaped what by the Law they deserved to undergo? Whence then is all this earnestne●… to impose a Sheriff upon you, contrary to all Right and Equity, an●… the very Tenor of your. Charters, but in subserviency to some Design they have projected and laid against your Persons and Estates 〈…〉 Dare you judge yourselves worthy of those privileges and Jur●…dictions which the Kings of England bestowed upon your Ancestor●… and which his present Majesty hath confirmed unto you; if by deserting and abandoning the defence of them, you judge them only fit to be given up and sacrificed to the humour and will of a perso●… that hath nothing to distinguish him from many of yourselves, bu●… the sitting in a Chair wherein you placed him, and which he mu●… surrender to another in a few Months? Think what your posterity will say of you, when they are upbraided with the Folly and Servileness of their Fathers, who lost more from them in a lame and obsequious parting with the Rights and privileges of Citizens, than all the Parchment Titles and Wealth which you can convey unto them, do bear proportion unto. Nay will not the Ghosts of you Fore-fathers, when they shall see their Children destroyed by pac●… Juries, upbraid you as a degenerate Offspring, and drive away you●… Base and timorous Senses from a participation in that happiness which their own zeal for, and Conformity unto the Protestant Religion, with their fidelity for the Interests of Mankind and the Rights o●… this Noble City, prepared and adapted them for? And should you desert the asserting your Rights at such a juncture as this, will not your Guilt make you a terror to yourselves, and your slavish Folly and Baseness fill you with shane before others? Do you not think what will become of your Religion and Laws, should God take away his Majesty? And will not the Courses that many within your own walls are pursuing, sacilitate and enable your Adversaries to effect it? I hope you will pardon this Transport; for one cannot show himself affencted as he ought for so good a Cause, without being piquant against a sort of men that have nothing to distinguish them from Ap●… and Baboons, but that they have learned to talk; for their Action●… are infinitely more indecorous, unreasonable, and silly. For myself ●… I love both English Liberty and the Protestant Religion; and if 〈…〉 must be a Slave, I will choose rather to be one in Turkey, than England; Or if I must exchange my Religion, I will sooner worship the Sun, than the Pairing of St. Frances Toes, or the Snot and Snivel of Loyala's Nose.  Si mundus vult decipi decipiatur. 
farewell.  
FINIS.