A LETTER From an Old COMMON-COUNCIL-MAN to one of the New Common-Council for this present Year 1682. for this Honourable City of London.  
SIR,  
YOUR First business (as of all such Courts) is wont and aught to be an Enquiry into the Qualifications of the Elections; else to make Laws, before you know whether you are the proper Persons that are Lawfully Elected to make them, will but invalidate all you do, if it shall appear that there are any considerable Number among you that are not duly Qualified.  
Now the First Enquiry of Qualifications in Common-Council uses to be, Whether there be any that are not Qualified as the Law requires, and if they be suspected and named, they may be questioned as far as the Court thinks fit; and if not Qualified as by Law they ought, than they are to withdraw, as was the case of some worthy Members in Sir Robert Clayton's Year.  
The Second Enquiry of Qualification (especially if there be any Objections or Petitions) is to look into all Undue Elections, and to appoint a Committee to hear the Complaints, and make Report to the Court, and then pass such Judgement upon those Elections, as to that Court shall seem just and right.  
Under this Head there may possibly some Disputes arise touching the Power of determining the Right of Election, whether it rest in the Lord Mayor singly, or Mayor and Aldermen jointly; or in each Alderman in his several Ward, or in the Inquests of the several Wards, or in none of them definitively, or whether the sole Power be not in this very Court itself, jointly made up of Lord Mayor, aldermans, and Common-Council men in Common-Council Assembled: Touching which Debates I here offer you my thoughts; thus; When the King Issues out his Writ for Choice of Parliament-men once, I never knew any City, Corporation, or County come to the King to complain of Undue Elections, and pray a New Writ; either before or after the Sheriff hath made his Return; but the Cities, Corporations, or Counties that are aggrieved, go to the Parliament only, and to no Court or Person else whatsoever, to have Relief according to the Merits of the Case; and there and no where else Justice is done.  
Why then should not these Greater Lights rule the lesser, and be Precedents for the Common-Council of the Great Metropolis of England, whose Proceedings influence (many times) all the other Parts of England in some Affairs?  
Why shall any lessen your Right by Petitioning or Receiving Petitions from any of your Wards in matters legally determinable no where but by this Court? I am of Opinion, that when once my Lord Mayor, hath issued out his Precept, he hath done all that he is to do in the Case: And that my Lord Mayor singly, and my Lord Mayor and Aldermen jointly, are bound up by the Returns of every Inquest of Sworn men, who do make their Returns upon their Oaths, according to ancient Custom, the Monday after Epiphany, and not before: And my Lord Mayor either singly or jointly with the Aldermen hath no power to alter the Return of any one Member after the Inquest have delivered it upon their Oaths, under their Hands and Seals Indented.  
How unwarrantably have those acted then who have desired New Precepts for New Elections, and determined old Elections before the Inquest have made any Return at all? For the Return from the Inquest of the Names of Common-Council-men duly Chosen in every Ward, is as Natural and as Customary and Legal a way for Return of Common-Council-men to serve in Common-Council for this City, as the Return of Members to serve in Parliament for England, for the several Counties is legally by the Sheriffs Return under their Hands and Seals, and no otherways whatsoever. For both are done by Indenture.  
Therefore you are obliged to maintain the Power of the Common-Council, to determine the Right of the Returns of the Elections by your Inquests as well as the Parliament do maintain this Right of determining Elections tho' chosen by the King's Writ, and Returned by the King's Sheriff. Else if you yield this Right to a Lord Mayor singly, or Lord Mayor and Court of Aldermen Jonitly. Then you give the Lord Mayor and Aldermen a greater Privilege than his Majesty claims or exercises.  
Another Qualification that may come in question before you, is whether the Elections in some Wards were made by such Electors as have Right of Electing? It is objected, that the Election in some Wards was overruled by the Votes of Vnfreemen, and by the Votes of such as pay no Scot, nor bear no Lot; and by the Menaces of Officers, etc. whereby the Inhabitants were overawed, and not left free in their Election as they ought to be.  
In such Cases, there ought to be a new Election in such Wards, or at least a Remedy provided against it for the future: For these Three things are not only contrary to Reason, Equity, and the Interest of the City, but also positively against an express Declaration of Common-Council made long since, and still unrepealed and in full force; (being part of a Report from a Committee appointed to examine some Questions that then arose about Elections of Common-Council, and which was Confirmed by Common-Council.) Which I here recite Verbatim, as far as it relates to this Matter: viz.  
That the Number of Common-Council-men which are or shall be appointed for each Ward in this City, aught to be all FREELY Chosen every Year in the Wardmote, by such Inhabitants of the several Wards respectively who are FREEMEN of this City, and do pay SCOTT and bear LOTT, and by the greater Number of them, and not otherwise.  
Consider well of this Ancient Precedent, and do that which shall be found fit for future Regulation.  
For if you admit of Vnfreemen to be Electors, the Consequence may be this; Such Unfreemen will undoubtedly incline always to choose such as shall favour Unfree-men in all the Laws that are made; and so in time this may Increase their Party to so great Number in Common-Council as may levelly all your Privileges, and render Vnfreemen equal to the Freemen, may Perhaps set up themselves, and then Vote all Freemen out: As I understood was the Case of the City of Dantzick in the Baltic Sea. The Government of that City had been in Hands only of such Magistrates as were the Calvinists. But the Sect of Lutherans increasing and growing Rich, the Lutherans Petitioned the Government that there might be One or Two of their Opinion admitted into the Council of Majestracy, but the Calvinists strennously opposed it as Dangerous if not Impious; and so the Lutherans were for a long time kept out. Yet as last the brisk Sons of the Calvinists being Enamoured with the Beautiful Daughters of the Lutherans, fell by Legal Matrimony into their Nuptial Beds, and then made Interest to get one Lutheran into the Government, than Two, at last the Majority, and then they quickly Voted the Calvinists should no more be Elected; and so the Government fell wholly into the Lutherans Hands, and hath ever since continued to the Exclusion of the Calvanists. The fatal Consequence whereof, hath been this, that the Animosities between the Lutherans and the Calvinists made way for the Papists so far, that at this day the Papists have as many Churches in that Renowned City as the Lutherans: Oh sad fate of Divisions among Protestants! But my Curiosity leading me to inquire into the true Reasons how the Papists prevailed and got ground so fast: I was informed that.  
The Calvinists holding a real Sacramental Presence in the Sacrament as we in England do came nearest to the Primitive belief of the Protestant Religion, as was used in England.  
The Papists holding Transubstantiation in the Sacrament, which is most remote from the true Primitive Opinion of Protestants.  
And the Lutherans holding Consubstantiation in the Sacrament, which came nearer to the Papists Tenets then the Calvinists Opinion did; and also the Lutherans abounding in Ceremonies as the Papists, for the Lutherans have Altars and Candles at their Altars as well as the Papists, (only the Lutherans Candles are not lighted, and the Papists Candles are lighted) Now the Lutherans coming so near the Papists in Opinion and Ceremonies, and having a Multitude of such Ceremonies, as the Papists have. These things the People of that City report were the occasion of altering the Religious part of their Government: And the Reason why the Lutherans inclined to the humour of the Papists; was partly to get the upperhand of the Calvinists, and partly because their Ceremonies were so near akind to the Popish Ceremonies: Thus we see the sad Effects and Consequences, and the imminent Danger that may be feared from such whose Opinion or Ceremonies in Religion, Border too near upon the Popish Tenets, They will rather favour Popery to their own ruin, than tolerate their Protestant Brethren that differ from them in their Ceremonies.  
My design is not to compare our Religion in England with theirs of Dantzick; nor to Examine with what expense of Blood in Flames of Martrydome, our Ancestors in England purchased our Reformation from the Superstitions (if not Idolatrous) Rites and Ceremonies of the Church of Rome: Nor is it my business to inquire how far our Ceremonies in England do differ from some of those that are practised by the Whore of Babylon: No, no, I leave Church-matters to Churchmen, for I am one of the Church of England, as Established by Law: And therefore I leave that matter till the Law shall think fit to alter it by King, Lords, and Commons.  
I only aim from my Observations of the alteration made in the Religious part of the Government of that City: To draw some advantage to the Civil part of Government of this Renowned City of London, in the Common-Council, whereof Sir, you are newly chosen a Member: And to prevent a loss of all those great Privileges and Immunities which this City of London for Ages hath flourishingly enjoyed, as a lover of this City, whereof I have the happiness to be a Member, I could not forbear to Caution you of the great danger you may be in of losing all that belongs only to Freemen, if you admit Vnfreemen to be Electors of such who are to serve in Common-Council: Remember Dantzick, Faelix quem faciunt aliena pericula cautum.  
The Business of a Common-Council is to make Laws against the Interest of Vnfreemen, and for the benefit of Freemen; and to take care for securing the Orphan's Estates in the Chamber of London, where no Vnfree-mens' children's Estates can be Deposited: And this City Chamber hath for Ages been the best security in the World for Orphan's Portions, no History can tell you of Orphans that lost their Estates in the Chamber of London, and next to God I attribute it to this, that Freemen being Common-Council-men, have in all Ages made it their Care to fortify and secure their own Estates to their Orphans and their Posterities.  
But all that they have been so many Ages a doing, may be undone at once; If you let but one Vnfree-man into the Elections, the precedent of one Unfree Elector, may be a precedent for Two, for Two hundred, and so at last Vote all Freemen out of the Election. Therefore once again I say, remember Dantzick.  
It may be objected, why then are all Inhabitants summoned to the Ward-Mote.?  
I Answer, it is the duty, of all Inhabitants, Free, as well as Vnfree, (at least once a year, for it is but once a year that they are summoned) to appear before the Alderman, and Common-Council of each Ward, if for no other Reason, yet this may be one, that notice may be taken who is Free, and who is not.  
But suppose it be further objected, they are Inhabitants, and have they not Right to choose Officers? Yes, all Inhabitants Free and Unfree, have a Right by Law to choose Constables and Scavingers, (which latter are but a kind of Surveyors of the Highways.) The reason is this, because every Inhabitant has a Right to the Peace that is to be kept by the Constable: And every one has benefit by the Conveniences of the Highways that are to be kept by the Surveyors; And Constables, and Surveyors of the Ways are Officers which the Law all over England takes notice of, does appoint and direct, and the Law, the Common and Statute Laws of the Land directs them their Duties; But Common-Council-men are not appointed by any Statute or Common Law of the Land, but by the special Custom and Laws of the City, Enacted as Laws of the City, made in Common-Council of the City; and what have Vnfreemen to do with choosing such as are not chose into Office, by the general Law of the Land, but by the particular Law of the City? And if you read the Determination of the Common-Council before cited, you shall find there, that it does only prescribe who shall be Electors of Common-Council-men, it expressly Limits the Choice only to Freemen, and to such Freemen only as pay Scot, and bear Lot, and that this Choice shall be free  
Therefore keep to your own Laws, Freemen, such as pay Scot and Lot, must be the sole Electors; and the Elected must be freely Chosen; do not let Vnfreemen into the Election as ye tender all your Privileges. Do not admit such for Electors as only pay Scot, and will not bear Offices, which I take to be the Genuine meaning of bearing of Lot.  
You have many plead Patents, and will bear no Office, not so much as be a Collector of a Tax, though for the King, from whom they have their Patent; shall these choose whom they please to be their Asses to bear their Burdens?  
And then that the Choice may be free, don't let a Captain or any Officers stand and over-awe Men, either not to come except they Vote for them or their Associates, or to threaten if they Vote against them, then O Sir, you Come with a Pike, I will make you bring a Musket, and to another, O you bear but half an Arms, you shall find a whole Man, etc.  
To prevent these 〈◊〉 where it is found, you may order a Balloting Box if demanded, this will prevent Heats and preserve Love among Neighbourhoods, for than it cannot be known who is for, or who is against any Man.  
In the next place, I remember that at the first Common-Council that shall be holden in in February Annually, you are to choose a committee to manage your Rights of Fishing, and other Privileges at London-Derry in Ireland: this is to be done, or your Privileges there are in danger of being lost, if you do not choose such a committee.  
But I remember in Sir Robert Viners time, we hazarded the loss of all those Irish Affairs, rather than to lose our Rights at London; and it was upon this occasion; There was a Judge's place then vacant in the Sheriff's Court: and the Lord Mayor had put in one pro tempore, and great disputes happened between the Lord Mayor and Common-Council, whose Right it was to choose: The Lord Mayor would fain have put it off and go to Election of the Committee for the Irish Affairs in the first place. but the Court of Common-Council then prudently suspecting that when that business was done, the Lord Mayor might take up his Sword and be gone, and so dissolve the Court, refused it.  
I remember the Lord Mayor to induce them to settle the Committee, first, urged the danger of the loss of all their Concerns of London-Derry, if they did not Choose their Committee at that time: but a worthy Member wisely replied, we had rather lose our Rights at London-Derry, then lose so great a Right in London, as the Election of a Judge's place, for the Shreiffs Court, is.  
And the very like case may happen to come before you this year, for a Judge's place is now also void in the Shreiffs' Court, by the Death of Mr. Simpson.  
Therefore maintain the Right of the Common-Council to Elect a Judge to sit there: For it is undoubtedly your Right to Choose one.  
And then be sure Choose a wise sober man, and a good Lawyer; and one that does understand the Practice of the Court: You are not limited to any Booby in a Biggin; you are free to choose whom you please. But have a care of such a Compliment from the Chair, as this, Gentlemen, I allow that your Election is free, But I recommend such a one to you, who I think is the fittest man; and then some of your own Members, that design to Betray your Rights, may perhaps stand up with the second Part to the same tune, and wheedle further thus, Gentlemen, seeing the Chair does not insist upon it as a Right, as some of his Predecessors have done, but leaves it to us, pray let us gratify the Chair, being filled with so Honourable and Worthy a Person, and let us show our Respect to the Chair, by choosing this Man, or one of those Men named by the Chair, and yet our Right will be preserved, because Chosen by us.  
To such I would answer, That for my part I pay as great Honour and Respect to the Person in this Chair, as ever I did to any of his Predecessors: But this talk of Gratifying the Chair, may be a new way of SELLING the Place to One, Two, or Three, from whom the Chair may have a Promise of a Gratification (as they call it) for only Naming them by the Chair, in hopes you may be wheedled to Choose One of those that the Chair seems to recommend to you.  
Therefore beware of these men that seek to get the place This Way, for besides that it is a direct Violation of a Statute in force, he that will directly or indirectly Buy a Judicial Place will Sell Justice, Therefore to prevent those Underhand Practices (which are too often used) and to dash all Recommendation of others by Letters, let your Choice be only of such a man as is Nominated by Yourselves, and by no body else whatsoever; and then your Voluntary Free-Choice will be an Obligation on him, and it will be a Satisfaction to all People that shall come to your Sheriff's Court for Justice, when every body may hear and know that the Judge that sits there, did not purchase his Place, nor came to it by the Recommendation of any Great Man, nor by Nomination of the Chair, nor by any kind of Fraud or indirect Means, but by his own Just Merit and fitness for the Place, and by the Free (Nomination as well as) Election of Yourselves.  
Then will People be satisfied that they shall have Justice from such a Judge, who obtains his Place by Merit and not by Money; which will bring both Profit and Honour to your City Courts, for Men need not despair of having Justice that have Right on their sides.  
Suspect all those Men, that would tempt you to Gratify the Chair, lest they may have some private end: For you may hazard your future Right, by such gratifying, or paying such respect to the Chair now. For if you choose any Man now, upon such suggestions of Respect, etc. to the Chair, than you give ground, for the future for the Chair to claim the same Respect; and it will be a disrespect to deny it to every one in the Chair hereafter; and so in time the Point may be gained from you, that the Right is in the Chair to Elect, as you know of late one did pretend, and perhaps he had no better ground, but only because the Chair had that Respect formerly allowed it.  
In truth, this Respect (as it is called) may be suspected would never have been expected from you, but that some Perquisite hath usually attended the Chair therewith directly or indirectly before or after, yea sometimes there have been Benefits (not to say Money) given for the Place, which perhaps the Chair hath not directly known of, as when Wife, Children, Relations or Friends have been underhand dealt withal.  
Therefore, the surest way to prevent all Indirect practices, is to choose one nominated by Yourselves, which pray remember as an especial Maxim.  
Another thing I would mind you of, is, the Quo Warranto that is talked of; I cannot tell what the full Intent of that Quo Warranto may be; but be sure to take care of the Committee, that shall be chosen to manage your Defence, lest you choose such, who instead of making Legal Defence▪ may out of pretence of a sort of Zeal, join and yield up what they are Commissioned by you to Assert and Maintain.  
Also pray have a care of the old wheedle, that may be set on foot, as formerly was done by a notable Gentleman, when the Court was (as you may remember) upon Petitioning for Sitting of the Parliament: And Arguments were offered for, and against it. One Argument that Worthy Person then urged, was thus. Oh! there is a Quo Warranto against the City already, about the WEIGHING and WATERBAYLIGE. And there is a Verdict against the City thereon, in favour of the Vnfreemen that have got the QUO WARRANTO in the King's Name, and they are just ready to enter up JUDGEMENT against the City. And this may be a loss of a good Revenue, which the City makes by those Duties. Therefore, said that Worthy Person, O do not provoke the Court at this time by Petitioning, and I hope we may get the King to grant a Noli Prosequi; and so stop Judgement. And this did work so far on you at that time that you did not Petition, and it is true there did follow a Noli Prosequi. But you will never be without Quo Warrantoes, if there may be such use made of them. But when they shall see they are vigorously Defended by Law, those Devices will vanish. Perhaps you may now again hear of such another business, to bugbear you into something, I know not what: But possibly it may be to surrender your Charter, and you may be told you shall have a better. But I hope you will have a care, and not part with the Old before you are sure of a (New and one that is) better.  
For I am sure you cannot have a new one that is better, before you have a Parliament: For THIS you have already, is confirmed by several Acts of Parliament: Therefore to all such Motions of laying down the Old in hopes of a Better, say only thus: Yes, Sir, as soon as we see a Parliament Sir, that can confirm a better, than it will be time enough to think of laying down of this, in hopes of a better, but not till then.— No, no, defend this you have by all Legal ways, and part with nothing but what the Law forces you unto.  
Suppose any one single Branch can be taken from you, keep the Rest: If a forfeiture of a single Branch or Two should be pretended, yet you cannot forfeit the Whole.  
You have Provisoes in your Charter, that a Miscarriage of a Mayor or Sheriff●, or Misuser or Abuser shall not forfeit the whole.  
In a word, nothing but your own Act of Common-Council can Cancel your Charter, and if you do pass any such Act, than your own Memories ought for ever to be Canceled and forgotten, for every thing, except for perpetual Disgrace and Infamy.  
D. N.   

LONDON: Printed for W. Inghall, 1681.