REFLECTIONS ON THE City-Charter, AND WRIT OF Quo Warranto. Together with a VINDICATION Of the late SHERIFFS and JURIES. Imperia Legum potentiora quam Hominum. LONDON, Printed for E. Smith at the Elephant and Castle in Cornhill, MDCLXXXII. REFLECTIONS ON THE City-Charter, ❧ c. IT is very obvious to any indifferent Observer, that the weekly Pamphlets of our Popish, or Popishly affencted scribblers, and the spiteful Herangues of many inconsiderate or designing Clergy-men, with the assistance of some Degenerate Citizens have possessed divers well-meaning Persons with great prejudices, and furnished them with variety of Objections against the present Constitutions and Government of this CITY, particularly quarreling at the Conduct of our late Sheriffs and Jurors, who are according to the Information and Advices, we daily receive from these Impudent libelers entred into a Confederacy to affront the King, subvert the Laws, obstruct the equal Administration of Justice between our Sovereign and his Liege Subjects, depressing those, who are well affencted to his Person and Government, countenancing and acquitting the disaffected and turbulent. That any whose Habitation is remote from this City, who are unacquainted with its Fundamental Laws comprehended in a Famous Charter( Superior to all excepting the great National One so dearly purchased, so highly valued by all Englishmen, who have not extremely degenerated from the Honesty and Courage of their renowned Progenitors) That such Strangers, I say, to us and our Affairs should through Ignorance or Misinformation censure and condemn our late Transactions is no Subject of Admiration; as neither that the Hireling half famished Patrons of the so often baffled Popish Cause should give such odious Characters of us: But we cannot resist being affencted with grief and indignation, that an Unnatural Brood hatched in this our CITY, who have thence derived all the Advantages of a quiet easy life, many the Comfort and Conveniences of a plentiful Estate, and some of them loaded with Honour, should yet most ingratefully expose the Mother, who did both bear and educate them unto undeserved Contumely for the present, and, I may add, to manifest ruin for the future, should Events( which God forbid) depend upon their unhallowed Wishes and unwearied Endeavours. I have not set Pen to Paper in order to the Instructing or in hopes of Converting those resolved desperate Persons, who design and have vowed the Subversion of our ancient, Laudable, Constitutions; Nor do I writ principally for the sake of those weak, ductile persons, who are influenced and actuated by an implicit Faith, suffer themselves to be managed by cunning Gamesters, and by them wheedled into a persuasion, that by parting with their fair, present Possessions, they shall obtain far better in reversion, yet offering no Security in the interim to make good their Undertaking, besides a bare Parole, which hath been already many times violated or forfeited. The Errors of such Persons are next step to incurable, they usually not considering what is said, but by whom; and if contrary to the Sentiments and Lectures of their Leaders, or contradictory to their mistaken corrupt Interests, with great clamour they decry the most visible Truths, the most cogent Arguments for falsehood and Impertinency: But I writ for the Information of divers Persons, who tho under mistakes, are yet honest and sincere, indiff●rent what is Truth, diligent Inquirers after it; and being enlightened thereby, do accommodate their words and actions unto its Dictates. Such Gentlemen and Citizens, I design chiefly to serve, and for their sakes have employed some leisure hours in making a true and faithful Representation of the Present State of our City, and of the behaviour of those Magistrates in whom of recent memory, the Citizens have reposed the greatest Trust, I mean Sheriffs, and Juries by them appointed; upon whose discretion and Integrity, all that is dear unto us depends, our Lives, Liberties, Estates, would to God there were no need to add, and in some respects our Religion also. I do not in the least doubt, before I put a Period to this Discourse fully to convince all, who are unprejudiced and considerate, that those very persons, who have long been, and still are, the Song of the Drunkard, the Subject of a Thousand Railleries and Reproaches in all Companies and Entertainments of True Papists, and false, or misguided, seduced Protestants, do yet really deserve the warm Affections and high Esteem of all Honest Englishmen, Good Protestants, and discreetly Loyal Subjests. But before I proceed to their Vindication, it will not be amiss to premise by whom so many scandalous, fictitious Reports have been raised, by whom so many unjust groundless aspersions have been contrived, fomented, propagated. After diligent enquiry, long observation and frequent converse with Persons of divers persuasions and qualities; I have arrived unto a certainty in my own mind, that manifest declared Papists and others, not professedly such, but in reality friends unto and Correspondents with that Party, are the Persons who observe, aggravate, and spread all these Stories and opinions that are likely to weaken the Protestant Interest, create misunderstandings between Protestants of different apprehensions, thereby to embroil and if possible breed irreconcilable divisions and feuds amongst them; having thus sowed the seeds of Distraction, and consequently of Destruction amongst us, how sedulously did they cultivate the weed, which had they patience, in time might have effected their purpose, but the sprightly enterprising Emissaries of the Roman Communion finding their designs not ripen according to their expectation, have recourse to their own peculiar tried Acts of Lying Perjury and Subornation, hoping by these means to Extricate themselves out of the Labyrinth of their so often proved, so clearly demonstrated, and fully detected Conspiracy, and to cast the Odium of their detestable principles and practices on such of the Innocent Protestants as were most zealous for their own Religion, or active against theirs, whose courage, Quality, Estates, or interest made appear formidable Adversaries, and likely to obstruct a hopeful design, which had been long hatching, was once near the Birth, but by a train of Providences, miraculously discovered, and for them unhappily disappointed. It were a difficult task to trace them through all their crooked Paths: no small labour to bring to light all their mysterious hidden works of Darkness. Let us be content with our Ignorance of some few of their hellish Machinations, enough appearing to all whoare not voluntarily blind: and sufficient to render the Contrivers and Actors abominable, and as against whom they were designed; thankful that we have been hitherto delivered from the effects of their Malice and Cruelty: It is high time to be jealous of them, we cannot be too watchful and circumspectly after so many narrow escapes, which to recall unto your Memories would be a great piece of Impertinency, did not daily Experience manifest a sort of pretended Protestants who make it almost their sole employment to palliate, extenuate, and if possibly, to obliterate out of our minds the remembrance of so formidable a Conspiracy, a Plot owned and stigmatized by His Majesty in divers Proclamations and by Four Successive Parliaments: The First of which was so far from being composed of Dissenters, that they alone forged the Fetters with which the Protestant Dissenters are now manacled. How many of the Conspirators were upon fair trials and full Evidence convict●d and executed: Colemans own Letters, being Witnesses, against which no Rational Objection was ever yet raised. Let us not forget how providentially Dangerfield's Plot was defeated, whereby the Packet of Letters to have been Concealed, and after by the hither discovered, was to have Accused many Worthy Nobles and Gentlemen: soon after others were to have been conveyed to divers Protestant Gentlemen and Citizens of the best Account throughout the Nation; but being Intercepted in cellars Meal Tub, the hopeful Project proved Abortive. But so many Disappointments did not excite Desperation in the magnanimous Romanists, who, tho so often routed, rallied their Forces, had recours to new Strategems, but still striking on the old String, to entangle the Innocent Protestants, and render them obnoxious to the utmost severity of the Law; destroy their Bodies, confiscate their Estates, murder their Reputation, and reproach their Religion. All these would have certainly ensued had any of the forementioned Sham-Plots succeeded, or what immediately followed, the Contrivance of Fitz-Harris, who undertook to frame a venomous Libel, full fraught with Sedition and Treason; this was by apt Instruments to have been conveyed into the Houses and Pockets of divers Eminent Persons devoted to Destruction, and they thereupon proceeded against as the worst of Traitors. But all these mischievous Contrivances falling on their own Pates, a new Scene appears: They having employed in England and Ireland many Persons of mean Fortunes, bad Principles, and worse Lives to carry on their Conspiracy; some of their Agents, having upon the public Faith Assurance of Impunity, and Promise of Reward greater than they could reasonably expect from their Principals came in for Witnesses against them, but having slender Countenance, very mean Allowance and no Prospect of Reward, the Protestants fearful to maintain them, least they should seem thereby to dishonour the King, and influence the Evidence to accommodate their Testimonies unto the desires of those Gentlemen and Citizens, by whom they should be supported and relieved. The Romanists quickly spy this Advantage, and immediately by large Promises and some considerable Performances gain them to Retract their Evidence against Themselves, and accuse those Protestants, with whom they had frequent, intimate Converse; and some others into whose Presence they had scarcely ever been admitted. Hereby they did infallibly assure themselves of these Advantages, if they were Believed, to take off their Enemies; if Credit was not given unto them, the Former Testimony they gave against the Conspirators would be rendered invalid. And besides they gained this further Improvement of their Evidence being rejected( upon grounds we shall hereafter mention) that hereby they raised a great Outcry of the partiality of JURIES, who would believe the same Witnesses against Papists, and reject when they Accused Protestants of the same Crimes; and having cunningly hounded their Proselyted Witnesses on PERSONS not acceptable to a great body of PROTESTANTS amongst us, upon whose acquittal, with the help of their spiteful Insinuations, a great clamour was made, the King could have no Justice, this Affair Misrepresented by our Enemies, is the Original, and source of all our Calamities, our City, Sheriffs and Juries being thereupon rendered suspected, a Quo Warranto issued out against the Charter; The Sheriffs threatened, affrighted, and upon every slender occasion hampered: New and unheard of Acts to obtain a Sheriff; probably designed for some extraordinary service. The Common Citizens affrighted and perplexed, lest they should be deprived of their ancient Customs and privileges upon the exercise whereof their Wealth and Welfare depends: and who can doubt but all these Disorders and Misprisions are the result of the Papists concerning the King, Exasperating both his Majesty and the Judges against the Sheriffs and Juries, who were they, to judge by number and not by weight, would appear utterly unexcusable, but hereof anon at large: Howsoever from this indisputable matter of Fact which we have related, it appears that the Papists incessantly Plot to destroy the Protestants, which not being able to effect by force, they have narrowly escaped, effecting it more then once by Subornation and Perjury. Therefore it behoves all Protestants to be extremely circumspectly, prepare for and provide against all those mischiefs they have reason to expect from a subtle Potent Enemy: And there can no more appropriate and effectual Antitode be prescribed or even desired against this Itallian poison of Perjury, than judicious honest Juries: Which of all Societies, Cities, Persons, that of London and its Inhabitants ought to secure, they being more exposed to the danger of Popish malice and cruelty, then any other part of the English Nation. For though the hatred of the Romanists extends itself to the whole body of Protestants, yet their animosity manifests itself, and their Attempts are chiefly leveled against this City, they accounting it as really it is the great Bulwark of our Religion, which being battered down by open force, or secretly undermined, a breach would be opened through, which Popery would flow like a torrent with its inseparable attendants Ignorance, Cruelty, and Slavery, whether they have any ways contributed to the debating and impoverishing this City, will readily appear to those who believe that the burning of the City was contrived, begun and carried on by them, none can doubt who have heard of Huberts Confession, or red the Depositions made before the darling long Parliament, the Evidence then given being so clear, both from the number and quality of the Witnesses, and notoriety of the Fact, as constrained that numerous Committee to conclude Papists were the principle, if not its only incendiaries: And latter Evidence hath discovered they did not only destroy our Habitations, but rob and make spoil of our goods, as if we had been Enemies of War, and they had taken our City by Storm. And we are abundantly confirmed in this belief, by the Authority of that great Integruous Minister the present Lord Chancellor, who in the most August, Illustrious Assembly this Age hath known, himself in the highest place of Honour hath been since his Majesty's reign conferred on any Subject; upon the trial of a great Popish Peer, did most solemnly and positively charge Papists with that detestable Hellish Fact, which gave occasion of that Inscription in our Mother-Tongue on that stupendious Pillar, erected to be a Lasting Monument of Gods Justice and Mercy to us wards, and of perpetual Ignominy, towards that Restless Faction, who to consummate their Malice, would certainly, were it in their power, mix our blood with our Sacrifices, and our CITY with Salt. Such have been their Actions, now to manifest what Sentiments they entertain either of Fear or Revenge, with reference to this Abhorred City, I shall out of many Accounts, I have received from Credible Witnesses select only Two, which I received immediately from Persons present during the ensuing Discourses; The First of a notorious Papist eminent both for Zeal and Quality, who familiarly and frankly communicating to divers Gentlemen, whom he apprehended to be All of his own Religion, rendering an Account of the hopeful Posture of their Affairs, after much boasting, he assured them, They were apprehensive of no danger from any Quarter, except that damned Rebellious, Fanatical CITY of LONDON, which might chance in Three Days to turn the Tide, disappoint and confounded their most hopeful Projections: The Other was a remarkable Herangue made by a Mascarade Protestant, a Militia man, and pretendedly zealous Defender of our Faith in the Company of at least Five Auditors, after several baulk Rants and bitter Invectives against the CITY, he at length thus Pathetically concluded, The CITY of London never hitherto yielded me a pleasant Prospect, saving once, when in flames, and I hope shortly to enjoy the Satisfaction of Seeing it in the same Condition, which alone can render this Nation Happy. Do not question, but these are the Sentiments of most Papists and their Adherents, but they generally express themselves more warily, yet no less maliciously, the former base Dialect would be too gross, might chance to awaken an Alarmn some not over dangerous Protestants, who are immersed in a profound lethargic sleep, and will, I fear, never awake, to see their danger, till they feel it. Amongst such as these, they are continually suggesting the Temper and Proceedings of the City, during the last unnatural Civil War, as if the present Citizens were to reckon for all the Bloodshed and Confusion during the late Troubles. And that if the Wisdom of the supreme Magistrate do not prevent, the same Cause will Revive, the old Quarrel will be fought over again, the same Spirit inspiring, the same Principles acting, and fermenting the Generality of Citizens which prevailed in 41. that 'tis necessary such ill disaffected Persons should have no share in the Government, which would afford them opportunity of perpetrating all imaginable Mischiefs. Let us now examine what Foundation there is for such Insinuations: I do not question but the CITY of London, as at this present time, is well-affected to his Majesties Person, as it hath ever been to any preceding Prince, I am no less certain, that very Party upon whom our Objectors squint do more steadyly and sincerely desire his Majesties Life and Welfare than they who oppose and expose them, and I find that our Citizens have generally( especially those we now vindicate) a most huge value for the Laws and Established Government of this Nation, and in this respect so far from being Men given to Change, that there is nothing in the World whereof they are more Apprehensive; Most of those, with whom I am conversant,( assured me) would joyfully part with a great Portion of their Estates to be secured of that Legal Administration, which we have( blessed be God) enjoyed ever since his Majesties Glorious Restauration. But, besides, the Calamities and Miseries of the late Civil Wars are so lively imprinted in all considerate minds and have rendered them so averse to imitate the Predecessors herein, that I find them generally inclined to suffer to a very High Degree, before they would so much as consult, how they might preserve what all Laws of God and Men allow to be maintained, and defend if unjustly invaded. Who then are these Factious, Seditious, Rebellious, traitorous, dangerous, Citizens, whom we ought to hate, expose, avoid, disarm, outlaw and punish when you desire a Description of them, a Catalogue that you might know them, and avoid the Malignity and Contagion of their Company and Converse, get out from amongst, that you escape being destroyed with them? You shall have for Answer, They are fanatics, Men of Commonwealth Principles, Parliamentarians, but if you press them to a more particular Definition of these Furies in their less Reserved Mode, or if you happen to hear them Rant it among their Comarades, unconceivable, 1. They are such as do not desire, pray, or address for a Blessing of a Popish Successor. 2. All who do not Abhor the Proceedings of the Three last Parliaments. 3. All who do not Abhor all Associations for preserving our Liberties and the Protestant Religion, and particularly that pretended to be found in the E. of S. Closet. 4. All who talk of Parliaments for the future, and especially if any think it advisable, with all duty and profoundest humility, to bring to His Majesty's Remembrance the Constitution of our Government, which requires Frequent Parliaments, and His Majesties Gracious Promise, That He would frequently oblige his People therein. 5. Such as in the judgement of Charity, hope and believe there are any Honest, Loyal, Protestant Dissenters, and especially, if they have any Regard to those Votes of Parliament, which declared such Dissenters, Fit Objects of his Majesties Clemency, who desire the Relaxation of some, and Abolishing other Statutes made against them, and dehort all Persons from Subjecting them merely upon a Religious Account to the Severity of Penal Laws. 6. All who will rak the Popish Plot out of its Ashes, who will not allow the Papists to be a part of His Majesties best Subjects, from whom in those Mens Opinion there is little or no danger, but certainly abundantly less than from the Fanaticks and Commonwealths men, and Favour is at this Time especially to be shewed, whereby we may Moderate the Persecution against the Poor Protestants in France; that there is no Sort or Rank of Men, who have more Candour and Goodness in their Nature, Civility in their Demeanour, none more for Monarchy, or more against Parliamentarian Democrasy and Tyranny: Their Principles with some small Allowance and favourable Construction, easily reconcilable to the Doctrine, their Officers, Garments, Ceremonies to the Discipline of the English Hierarchy: That the Fanaticks is a Common Enemy to both, therefore having an Union of Interest; there should be one of Hearts, a Combination to suppress the schismatics, and then after at leisure in a calm, friendly way to compose and accommodate their small differences. 7. Another sort of Pestilent fellows are those who hinder the Disturbers of the Nation from being brought to condign punishment, such have been all our Modern SHERIFFS, and most part of our JURIES. 8. They who are unwilling their CHARTER should be taken away, and who do Defend the Legal privileges and ancient Customs of this Renowned CITY of LONDON. Now Five Parts in Six of this great CITY coming under some, and the Majority under all those Reproofs you may readily imagine, that with those Censors, our CITY is very whiggish, malignant, antimonarchical. We are mostly a Tiptoe, need only a pretence, a Head, and the blowing of a Trumpet to put us in uproar. The First will be to massacre the Papists, the poor Innocent Papists, and his Loyal, Magnanimous younger Brother Tory Tom, the two great Pillars of the Government in Church and State. Next comes in the Old Prank of Rifling Princes, making Tinder of Lawn Sleeves, then break upon us Swarms of Sects, innumerable as infects, and that Hohgobling Leviathan in Civil Government stalks over crwoned Heads, Princes and Nobles, trampling under foot all Laws and Equity. What I have repeated is not the Thousand Part of what is commonly Herangued by our Abhorrers of a Protestant Successor, and a Monarchy confined within the Narrow Limits, which Law and Reason have prescribed, we shall examine the maxims of these, at the same time, querelous and insolent Gentlemen, confute their frivolous pretensions to Truth and Reason; and lastly, vindicate our Loyal, Integruous, courageous Magistrates, our Intelligent, upright, unbiased, JURORS; our Honest and peaceable Fellow-Citizens, from the Calumnies of Men, whose Design and Business is to create public Disturbances. We shall expose and unravel those perverse Reasonings, and Sophisticate Arguments, wherewith they endeavour to obscure and perplex Truth, the Light whereof will shine through the Mist and Dust they have raised to eclipse her. Most of the forementioned objections have been so frequently and strenuously refuted that it is amazing any should have forehead enough to repeat them. Their zeal for a Popish successor, is for reasons best known to themselves at present Dorment. And a late trial, together with some expressions which the notoriety of the Fact, and irresistible power of Truth, extorted from our great Justiciary, hath somewhat dammed and checked their hopes of stiffling the Popish Plot, that which they urge at present with most vigour is the abandoning of our Charter, a resignation whereof is necessary by reason of our unpardonable abuse, of so gracious concessions, by choosing Sheriffs who return Juries, that confounded all human and divine Laws, condemning the Innocent, and acquitting the Guilty, both alike abominable before God and Man. It will be necessary in order to the more clear and distinct resolution of these Objections to give a summary account of the Nature and most remarkable Contents of our City Charter, together with some obvious suitable Reflections thereon, then we appeal to all endowed with Reason, who have any observation upon the vastly different effect of good and bad or no Government; whether this City hath cause voluntarily to resign that which above all other means hath most contributed to its Grandieur and security: and herein we may safely imitate Diogenes, whose generous freedom was commended by the great Alexander himself, which mighty Monarch interposing between him and the Sun: Stand aside said he, and deprive me not of that which thou canst not impart unto me, meaning the benign influences of its Light and Heat. But to make good our promise of representing under one view, the substance of our invaluable Charter, which is of so great Antiquity, that I know not from what time to reckon its date, for this City being by its Situation rarely qualified to become the Scale of Trade, and Seat of Empire, hath enjoyed the former without Interruption, above 1600 Years, as appears from Tacitus, an Author of unquestioned Authority: and the latter, almost ever since the Heptarchy was reduced under one Monarch; The Saxon and afterwards, the Norman Race having always given it the pference, honouring it with their Residence, fixing here their Courts of Judicature, and endowing it successively with greater privileges than were ever enjoyed by any City in the Universe, old Rome itself not being excepted. Our Records are silent what their privileges were, during the Dominion of the Saxons; but since they were certainly very considerable, they so valiantly in Fight maintaining them, and, after the Loss of their Prince, made Terms with the Norman, their Weapons in their Hands, and received him to be their King, upon Condition, he would confirm unto them the Laws of good King Edward, which was granted in these Terms: I give you to understand, I will that you enjoy all the Laws, you enjoyed in the Days of King Adward, and I will not suffer that any Man to do you wrong. Divers of these Laws are specified with Additions in the Charter, granted by Henry Son to Willam the Norman, which is published with his Laws a● large by Wheelock, p. 176. which begins thus: Sciatis me concessisse Civibus meis London. tenend. Middlesex ad firmam pro CCC libr ' ad Compotum ipsius & haeredibus suis de me & haeredibus meis; ita ut ipsi Cives ponent Vicecom. qualem volverint de seipsis, & Ius●●●ar. qualem volverint de seipsis, &c. He granted the Citizens to choose out of themselves a Sheriff for the County of Middlesex, and a Justice for Pleas of the Crown. King John confirmed unto them in his second Charter the Sheriffwick of London and Middlesex, with all customs and Emoluments thereto appertaining: And further granted, that the Citizens among themselves might make Sheriffs whom they would, and remove them whensoever they pleased: and the said Sheriffs, during their Office, not to be condemned to any Amerciament or Mulct of Money, exceeding 20 li. These were all confirmed with Additions by his Son Henry the Third; who in another Charter concedes unto his Barons of the City of London that they may annually choose out of themselves a Mayor for the Government of the City, and at the end of the Year to confirm or remove him, and substitute another at their Pleasure. It is by many controverted, who those Barons were, who are in this and other Charters mentioned, out of whom the Mayor was to be chosen; Whether all Freemen, or Persons of the greatest Quality and Authority in the City: Matthew Paris pag. 893. Cives Londinenses quos propter Civitatis dignitatem & Civium antiquam Libertatem Barones consuevimus appellare. And pag. 974. Convocaverunt in Aula Guildhall appellata totius Civitatis Cives, quos Barones vocant. This was during the Reign of Henry the third. But long before I find in Malmesbury, pag. 189. concerning the Imprisonment of King Stephen: Barones Londinenses, qui sunt quasi Optimates, pro magnitudine Civitatis in Anglia. To the said Barons in the same Charter was granted and confirmed, that they might have in Peace, freely, quietly, entirely all their Liberty ever before used in London or without, by Land or Water, and all other Places, according to the Charter of King John, which is the famous Magna Charta, or an Agreement between the King and his Subjects, after many tedious and bloody Contests, wherein the City of London alone is comprised by ●●me, cap. 9. Civitas London habeat omnes Libertates suas antiquas & consuetudines suas. The said King Henry the third having obtained, as his Father King John before him, a Dispensation from the Pope, accounted himself free from his Coronation-Oath, and absolved from his frequent solemn Obligations of observing Magna Charta, governed tyrannically, having little regard to other Law than his own pleasure and humour, did create such Dissatisfaction in the People, as at length caused a general Defection. But Henry having concluded a firm League with the King of France, pawned or mortgage Normandy and Anjou for 300000 li. bought off many of the malcontents, and with the Assistance of the French and the Popes Thunder, with great difficulty and extreme Hazard of his Person( being once both prisoner and sorely wounded) he overcame his Adversaries, and amongst them the Londoners, who had vigorously opposed his Arbitrary Proceedings. Those of note, who escaped the Carnage of the great Battle of Evesham were outlawed, they, who remtined at home, imprisoned, their Estates confiscated, and says Mat. Paris, Civitatem Londinensem privavit suis Privilegiis & Libertatibus: but Westmonsteriensis Primores Civitatis poena pecuniaria ad summam non modicam multabantur. Howsoever, soon after, upon their Submission, he granted unto them divers new privileges and Immunities. Succeeding Princes were very tender of their privileges, as appears by Letter-patents of Edward the second, declaring, That whereas the Mayor and good Men of the City, tho not obliged to war out of the City, yet had upon an Emergency assisted the King with aid of armed Men, this should not be to the Prejudice of th● City, nor drawn into Example. But most eminently in the Charter granted by Edward the third in Parliament, wherein was granted and confirmed, That, whereas in the Great Charter of the Liberties of England, the City of London is allowed all their ancient Liberties and Customs, and the said Citizens had from the Time of Edward the Confessor, William the Conqueror and others our Progenitors, divers Liberties and Customs, as well by the Charter of these our Progenitors, as without Charter by ancient Custom, many of which have been in Circuits, and by Judgments or Statutes invaded, We will and grant for Us and our Heirs, that they enjoy their Liberties, according to the foresaid Great Charter, and all Impediments unto, and Usurpations upon them be revoken and disannulled. And afterwards in the same same Charter mentions a particular encroachment by our Exchequer Court on the Sheriffs, which he thereby frees them from; as also from unusual Amerciaments in case of Escapes, &c. It is also very remarkable, that their being so particularly comprehended in Magna Charta did supersede other Statute-Laws, made contradictory to the Liberty and privileges of the aforesaid City, as appears at large by the third Charter of Edward the third. The said Prince in his fifth Grant declares how sensible he is that his Navy was weakened by the Impoverishing of the City, and Decay of Trade therein; and thereupon grants them further Franchises for the Cities Welfare. And because so much depended upon Customs not contained in written Records, but only derived by a long Series of Tradition from Times immemorial; and if the City were put upon the Proof, it might create them much Trouble and expense. Edward the fourth granted unto them, that in all Pleas of or upon Customs of the City of London; tho the City or Government thereof be a party; The Ma●or and the Aldermen declaring and testifying by their Recorder, whether there be suc● a Custom or not, shall be allowed, and Process made accordingly. And in the same Charter it is granted to the mayor, Commonalty and Citizens, that tho they, their Predecessors, or Successors have not used, or shall not use, have abused, or shall abuse any of the privileges or Customs contained in former Grants, of us or our Progenitors, that yet they shall not incur the Forfeiture of the Premises. This same Prince afterwards, in consideration of many Kindnesses done to him by the Mayor and Commonalty of London, did grant unto the City divers Offices, specified in his fourth Charter. And afterwards there seemed to be an Emulation or Contention amongst succeeding Princes, who should most contribute unto its Honour, Wealth and Security. But we shall, to avoid tediousness, pass over all to the Confirmation of former Charters by King james, in which the Preface is remarkable, assigning the Reason of former G●●nts; Whereas many of our Progenitors for free, laudable, multiplied, and continued Service done by the Mayor, Commonalty and Citizens of London, and their Predecessors, and for divers other urgent Causes and Considerations, &c. We grant a Confirmation of all former Charters to the City, and Restauration or Restitution unto all Liberties as fully as ever their ancestors enjoyed. And tho they have not used, or have abused any Authorities, Liberties, privileges, Customs, &c. notwithstanding they may hereafter fully enjoy and use them. So King Charles the first: Such is our Love to our City of London, our Royal Chamber, that whatsoever we shall see necessary or profitable to the mayor, Commonalty and Citizens, we have been and are ready to give unto them; and it pleases Us, that all former Grants be not only confirmed but enlarged. His Majesty now reigning, being sensible how much this City contributed to his Restauration, and how much its good Government, Wealth and Glory would establish his own Power and Dignity, confirmed all preceding Charters in Words as kind and comprehensive, as can be employed on so solemn an Occasion, which being large and already published, I do thereunto refer the Reader. And from this Epitome of the various Charters and Concessions, together with the Circumstances of Time and Persons, we derive the ensuing Corollaries or Observations, which seem naturally to flow there from. 1. You may hence learn the great Antiquity of this Charter, upon which account with some People it should become more venerable. 2. Observe the unanimous Consent of all Princes, to confirm and enlarge this Charter, apprehending, as is expressly in divers of their Concessions, that they did thereby not only benefit the City, but derive Honour and Advantage upon themselves. 3. That very few of our Kings have attempted to destroy or suspend the Exercise of this Charter, and those who did, laid thereby the Foundation of great Troubles, which always thereupon ensued. 4. Divers wise Princes, tho highly provoked, and just Pretences afforded them, for ever to have abolished it, if they had regard only to the Persons, more immediately concerned therein, yet providently discerning the Benefit accrueing to themselves, and the Nation thereby, did not only confirm but adorn it with new privileges. 5. It is hard to conceive how this Charter can be forfeited since it hath not only the Concession of Kings, but the Sanction of Parliaments, That no Part thereof shall be forfeited by Abuse or Disuse: probably for seeing that some powerful Minister or ill-advised Prince might from a Principle of Revenge or Avarice pretend a Breach of the Charter, and thereupon Forfeiture, and then the Lease must be renewed, or the tenor voided; whereas nothing is more rational, than that, if any Misdemeanour be committed by any particulars of a Society, the Criminals only should suffer, and not the rest of the innocent Community; therefore in many of our Charters the Sheriffs, Mayor and other Officers are declared accountable and punishable for great Offences as other Subjects. 6. It is most apparent that this City was never more peaceable and obsequious, or more contented under the Government of any Prince, from the Time it was erected, than now under that of his present Majesty, whose Clemency and Justice, as it affords us an entire Satisfaction, so nothing in our present Circumstances renders us so uneasy, as the continual Fears, we shall not long enjoy a King so unexceptionably good, who hath reconciled the two seeming extremes of Majesty and Love; exercising with the Wisdom and Authority of a Mighty Prince, the Care and Indulgence of an Affectionate Parent, not only of his Country, but more especially of this City, which he hath honoured, enriched, and secured, by choosing it for the Place of his almost constant Residence. 7. The Dissolution of this Charter will be succeeded with such a train of Mischiefs and Calamities, as the very reflection thereon, will possess an honest considerate Man with terror and amazement, one might writ a large Volume of the evil Effects and Consequences which would probably ensue, to foresee and enumerate all which, were next to an Impossibility; but so much as is obvious, makes it an Epitome of Confusion, and an Emblem of the last Catastrophe of the Universe, or of the first Chaos: And therefore our most Gracious Prince, is certainly either ignorant of those Proceedings against us, or there is somewhat Mysterious which we cannot comprehend; but having had such long experience of his Majesty's benign Humour, and certain knowledge of his Propensity to gratify this City in all their reasonable Requests, let us never fear that he will in a moment pluck up by the Root, what was planted and cherished by so many of his wise magnanimous Predecessors, and to those, towards whose Prosperity his Majesty himself hath not meanly contributed. Let us therefore trust God and his Vicegerent, and discharging our Duties to both, exclude all Carking solicitous Thoughts. But like Innocent Persons, cheerfully expect a good Event of this, as of all our other Affairs. Howsoever, I apprehended, it will not be amiss, before I close my Discourse on this Subject, to rehearse a few of those manifold Inconveniences which will necessary ensue upon the Forfeiture or Abrogation of our Charter, for the instruction of those silly Gulls, who would persuade us voluntarily to abandon all these Franchises, Privileges, and Emoluments; which by a long Series and Succession of Services, a great stock of Merit hath been gained. It is some excuse to alleg●, in order to extenuate our Follies, that we are drunk, therefore in Charity we will suppose these Men drunk with Loyalty; but withal I question not, but before I leave them, to make it evident, that none are or can be good Subjects, till they do own and maintain his Majesty's legal Prerogative as their own Property; and also their Fellow Subjects just Liberties and Privileges, as their own Estates and Lives. But there is amongst us a worse sort of Men, who for base sinister Ends would dissolve the present Constitution of Government, for that none, who know them, will give their Votes towards their obtaining any share in this; they hope, in the new Model, to become considerable, and thereupon censure and declaim against the Present; like the mad Philosopher, who would be butted with his Face downward, fancying the World would be turned topsy turvy, then all the rest would lye wrong, and he alone right. To inform the former Rank of Ignoramuses, and bring that confusion upon the latter unto which they would reduce us, I shall endeavour to represent the Result of this so much desired and expected Reformation. It is supposed, which yet I can scarcely persuade myself to believe, that some, even among the Governors of our Corporation, are no strangers to, and will not be much displeased with this designed Alteration; let them consider, that the Aldermen, who in the present established Government are very considerable( those above the Chair Justices of course, and of the highest Rank) will be leveled with the meanest Commoner, liable to be Collectors, Pettit-Constables, and other Offices of the lowest Degree; those who expect to be Mayors, deprived of so honourable and profitable an Employ; those who have been degraded, as I may say, and on even ground with other plebeians. A great part of the Revenues of the City forfeit by Statutes of Mortmain, or revert to the Original Donors, their Heirs or Executors. The Commonalty, besides all the Miseries which attend Anarchy, liable to Pressing, to go abroad on Warfare, from which, by their Charters, they are exempted; not capable, with that ease and advantages of recovering their Debts, exposed to Vexatious Suits, Pleas of the Crown, now being decided in their own Courts, by their own Officers. Aliens will dwell in their City, learn the Mystery of all their Trades, and have equal Advantages with themselves. No provision for Widows, who abandoned Dower or Jointures, and left to the Custom and Courtesy of the City: Orphans money hazardous, if not lost, with not only injury to Citizens, but to many worthy Gentlemen, whose Daughters will be left to great Uncertainties. To say nothing of Freemens Widows and Children, who thereby enjoy great Privileges, to be rescinded. And not to expatiate on their Estates in the Stocks and Treasuries of private Companies, and the Revenues of the said Companies; Revenues and Government of Hospitals. What Confusion and Loss will ensue the intermission of the Offices of Conservators of the River, and Water-balywick; of Packing, Scavage, Portage, Garbling, Gauging, measuring Coal, Corn, Salt, &c. To pass over Prizage of Wine, Markets, Escheats, Profits, and Emoluments from Leaden-Hall, and other public Places, from weighing, approving, laying, housing divers Commodities; forestalling, engrossing. But these are private Damages, and are all nothing to what the whole City is at once liable to: We may become a garrison, or rather a Camp; and if we lose the benefit of choosing our Sheriffs, our Lives, Liberties, Estates, lye at the Mercy of such as shall be imposed on us. These, and innumerable other Mischiefs we are liable unto, if the Charter be rendered invalid; which though we have little cause to fear, during the Administration of our present Sovereign, who hath never hitherto manifested his Power, by embracing Opportunities of oppressing or depressing his Subjects: Yet having no possibility of ensuring his Life, who knows what conditioned Princes may succeed him; and we ought, if we can prevent it, to leave nothing to Chance. Let us therefore highly prise our privileges, and by all legal Means, maintain that precious Patrimony left us by our Forefathers; behave ourselves with all dutiful respect to our King, that he may not be induced, by the Importunity of our Enemies, to take every Advantage against us. And let us cherish mutual Love among ourselves; A Society, no more than a Kingdom, divided, can long subsist. Let every one mind his own Business, and that of the public, when legally called thereunto; but let all be transacted without clamour, railing, reviling, with modesty, meekness, regularly. As I would have none to betray their just Privileges, so neither to claim more than is their Due; for to arrogate more to ourselves than is right, is the ready way to lose what we might otherwise justly challenge. I am unwilling, and almost afraid of recapitulating the Inconveniences will by this Resumption redound unto the supreme Magistrate: The old and too too often experienced Sentence is, Necesse est ut multos metuat quem multi timent; when People are put out of the protection of those Laws they value and like, they are not free or forward to give due subjection to those, whereof they do not in their secret thoughts approve, though outward Respects restrain them from declaring it. The next favourable Opportunity, or Invitation, whereby they may revenge their Losses, or recover their Liberties, is usually embraced; of which Richard the second is an eminent and deplorable Instance. When I consider all this, and much more, fit rather for private Thoughts, or communication to public Ministers, than for common Discourse, I am greatly surprised to find what progress is already made in this Affair, and from what Miscarriage, or pretended Miscarriage of the City, it derived its Original. I cannot find any specious colour for this new sort of Inquisition, besides that common Complaint of our Adversaries, That so long as the City chooses Sheriffs, and they assign Juries, the King's most Excellent Majesty, and his most Loyal faithful Subjects, must despair of Justice. Upon which Theme,( good God!) how copious and elegant are they! How clearly and fully do they prove their Charge by induction of Particulars! How many Ignoramus Juries! How many honest useful Persons brought into trouble, only for their exposing Persons Disaffected, and Actions displeasing to the Government! This, if it be true, all must account a very heinous Crime, and not to be expiated by a less Punishment, than that which they have allotted for it. But if to be accused, would render any Criminal, how few would be Innocent! We shall therefore impartially examine all their Allegations, and if I do not demonstrate the falseness and futility of them, or at least if I do not, without reserve or disguise, really believe what I declare to others hereof, may I suffer greater Indignities, and worse Punishments, than those I would deprecate for, and avert from this Renowned City, in which I first drew my Breath: wherein I have lead the most comfortable part of my Life, and which I hope, dying, to leave to my Posterity, more advanced in Reputation and Prosperity, than when I first entred therein. May it be and continue the deserved Metropolis of so great an Empire, the Darling of so good a King; the impregnable Bulwark of the best Religion; the Glory of the most truly generous and easily governable Nation; the worst indeed of Slaves, but the best of Subjects; which Character may they deserve and maintain, whilst they are a People, as they have for above 1600 Years already elapsed. Britanni dilectus, Corn. Tacitus de Vita Agricolae. Tributa & caetera Imperii munera impigrè obeunt modo injuriae absint, has aegre tolerant; jam domiti ut pareant, nondum ut serviant. Having finished what I proposed to represent concerning our Charter, I proceed, according to my promise, more particularly, to vindicate our Modern Sheriffs and Jurors, whom our Adversaries load with Reproaches, and brand with no less Crimes than Disloyalty and Perjury: From which villainous Accusations, since we cannot clear ourselves without recriminating, let indifferent Persons judge who have the better Cause and Plea. There is nothing certainly more obvious to all considering People, than that we are beset by a company of Men, who since they dare not attempt the destroying us by Force, do therefore endeavour to compass and effect it by Tricks and Fraud. And it were endless to recount the Ways and Methods which they have been pursuing, for the subversion of our Religion, Laws, and Liberties, and to make us fall a Sacrifice to their Rage, under the charge and imputation of Crimes, whereof their Consciences tell them we are altogether Innocent. It were too bold an effort directly to trample upon the English Laws, and therefore they are thinking how to make them as insignificant to the protection of the Guiltless, as if we never had enjoyed any Laws, or were deprived of them by a Right of Conquest. Nor doth any thing occur to their Thoughts, that would be more inservient hereunto, than the obtaining Sheriffs, that they are assured would return such Juries, who would reckon i● enough to condemn us of Treason, because we desire to be preserved from coming under a Popish Prince; or because we believe there hath been a Design carried on by those of the Romish Faction, for the Destruction of the King, the Subversion of the established Government. And after all the Clamour that hath been raised against the late Sheriffs, and those Juries which they have returned to serve either in Capital or Civil Causes; We defy the utmost of the Malice of our Enemies, to advance one just Exception against the Righteousness and Impartiality of their several and respective Verdicts. Alas what kind of Juries are those returned in the Neighbouring Counties, at which nevertheless no Offence is taken, in comparison of those, that have been from time to time upon the panels in London and Middlesex! Let us but balance the Acquitment of Gascoign and Wakeman, with the Ignoramus's returned either at the Best against college, or that against the Earl of Shaftsbury, and every sober Man must acknowledge, that if it be lawful to arraign a Jury, there is more to be objected to the disparagement of those, than there is to asperse these. Nor can there be a greater Evidence of the Integrity and Justice of the late Juries, than that they have carried it equally towards all sorts of Persons: for did not the Jury in March 1681 bring in an Ignoramus upon a Bill exhibited against divers Persons, under a pretence of Recusancy; and this, not because they favoured them or the Popish Religion, but because the Evidence was not full, or the Witnesses such, as a wise and honest Man ought to believe? And is it not strange, that the Jury which rejected the Bill against the Earl of Shaftsbury, should be so severely blamed, when it is so well known, that the principal Persons then in Commission on the Bench have often said, that they must have done as the Jury did, had it been their Lot to have been in their Place? Can any Thing tend more to the Vindication of the late Juries, than that they have never failed to give Verdicts against these of their own Principles, and their best Friends, if the Evidence before them appeared any ways clear and full, and that the Witnesses were such, as that credit could be given to them; Witness the Case some time ago against Francis Smith, and that of late against Mr. Best. Are any so unreasonable as to expect, that a Jury should find Bills upon the Depositions of such as themselves know to be perjured and infamous Rascals? and of this complexion and stamp were most of those that swore against the Earl of Shaftsbury: Or would they have a Jury convict a Person, upon the Testimony of a Woman, that would not declare and express her self in the very Court, but as she was prompted, nor without asking her Suborner what she should say next, as in the case of Sam. Harris. Finally, What Jurors did ever better merit the Character of good and legal Men, than those, whereof our Grand Juries have been mostly composed? Men of good famed, free from all reasonable Suspicion of any Design for themselves or others, upon the Estates or Lives of any suspected Criminals, or had any Quarrel or Controversy with any of them; indifferent, impartial, of sufficient Understanding and Estate. Let us compare their Verdicts with those, of any which preceded them in London in our Memory, and I persuade myself, they will not be disgraced by the parallel. Nor shall we decline to challenge the adjacent Counties, whether they can produce Verdicts founded on more Reason, or where the Jurors acted with more deliberation and indifferency: I am ashamed to nominate them in the same breath with our sprightly inspired Association-abhorring Jurors; who condemn Persons on Reputation of I know not whom; whereas it is customary with ours to refuse Bills from other Grand Juries, unless they reexamin the Evidence; These, tho absent, with a breath condemn, whom the most judicious Jury ever sate in London, upon fair and strict Inquiry, acquitted; to the full Satisfaction of hundreds of honourable Persons there present. I intended to have enumerated all the remarkable Verdicts given within these two Years last past, whereof I have a most particular Account, with the Reasons and Motives inducing them; but I being prolix, and what I have already specified, being, in my Opinion, their sufficient Apology, I shall supersede that Task, and conclude, after I have remembered you how great a Trust and Power is lodged in Juries; so that as a Modern Judicious Author, wisely observes, That 'tis the greatest in the Nation, next to the Legislative; the Concernments of all Commoners; the Honour, Reputation, Estates, and Lives of the Nobility is submitted to their Censure: Their Duty is to Indict Offend rs, and protect the Innocent in their Reputations, Lives, and Interests, from false Accusers, and malicious Conspirators. Of how great Consequence is it then unto us all, to have good Juries? How carefully ought we to provide for the Security of our Lives, &c. against such as would destroy us by false Accusation and Perjury? And except our Sheriffs be wise, careful, and integruous, we may prognosticate great Hazards to divers Persons, whom we cannot but believe in our Consciences to be innocent of those Crimes whereof their Adversaries would soon charge them, could they obtain Juries like to prove so severe, as those were lately to Wilmore and Sheriff Pilkington. And now, my dear fellow-Citizens, what remains, but that I should exhort you strenuously to assert and maintain your undoubted right of choosing Sheriffs. Be not affrighted by Menaces, or wheedled by Promises of an Equivalent, to part with so essential and necessary a Branch of your Charter; which should you neglect or resign,( pardon the harshness of the Expression) you will thereby become Traitors to the Community, and Violaters of that public Trust which you are obliged by your Interest, and engaged by your Oaths, faithfully & fearlessly to discharge. Nay, tho Persons of the greatest Authority amongst you should interpose, let not that influence you to abandon your Unvaluable Privileges, and compliment you selves into Misery; for certainly they who, by misrepresentation, have raised such jealousy and distrust of you, will, when they have obtained, by this encroachment, an almost despotic Power, exercise it in a manner will not be very agreeable, and afford you sufficient cause bitterly to lament your unaccountable, your unexcusable Credulity and Folly, and will render you mean in the Eyes of them you have gratified, hateful and abhorred to those you betray. As for what regards your Duty and Love to your Prince, these will be more signalized by your putting a value upon his Gifts, than by your slighting and rejecting them. And indeed we cannot reasonably believe or imagine his Majesty will require our subjecting ourselves; and all we have, unto his Absolute Will and Pleasure, he having ever hitherto preferred an upright equal Administration, before an unlimited Domination; and that human benign temper, wherein he excels all Men, will certainly dispose him to pardon us if we cannot, dare not repose that confidence in his Ministers we could in himself. The best and wisest of Princes, see most Transactions with other Mens Eyes, hear with their Ears, and Act by their Hands; the concealing Addition, alteration of a Word in Speech, or Circumstance in Actions, we may daily observe, renders Cases very different from what they were really: Therefore having so many, and such powerful Enemies, as I have before demonstrated, our only Security is, the established Law, by which we are governed; and we have his Majesty's Royal Word, that shall be the Rule of all his Actions, and equally distributed to all his Subjects. Whilst the Laws have free course, and are uncontrolled by Justiciaries, duly interpnted, faithfully represented, and that Sheriffs take care to return equal Juries, no Innocent need fear. Our Adversaries may accuse us, brand us with odious Names and Characters, or at worst, imprison us; but the Law, which is impartial, cannot be bribed or biased, and our honest Neighbours will soon relieve us. Nay, let the whole Fraternity of tutored Witnesses appear against the meanest Commoner, whose Cause is just, I question not, but our discerning Juries will easily detect the Fraud, and acquit the Oppressed. Birds that have once escaped the Snare, are not easily entangled again. The same Cheat, in the same Age, must not be brought often upon the Stage; or if it be again represented, what Impunity its Actors promise themselves, or what Encouragement and Assurances they may receive from others, I know not; but unless we are prodigiously blind and infatuated, they cannot, methinks, reasonably hope for success. Let us then cheerfully unite in this laudable Resolution, to choose such Magistrates for the Year ensuing, as are endowed with Wisdom and Courage, who have obtained a good Report for their Dutifulness to their Sovereign, and Love to their Fellow-Citizens; who are uncapable of being by either Side biased and corrupted; Men actively prudent, honestly zealous, of brave, firm, manly Resolutions; who will not be afraid to discharge their Duty in in the fullest and utmost extent. If Almighty God hath designed our Happiness, he will provide Persons thus qualified, and inspire and animate us to elect them. And such Ministers will be not only a great Security to the City, in this time of great Fear and extremest Exigence, but doutbless very acceptable to his Majesty, whose most admirable Humanity, and tender Affection to his People, will certainly dispose him to pity a distracted City, upon the brink of ruin, by reason of Jealousies and Divisions; and to rejoice at our Choice of virtuous, peaceable, discreet Sheriffs, who may greatly contribute to the accommodating our Differences, removing our mutual Prejudices and Mistakes; whereby this City will be rendered more capable of serving his Majesty, and relishing the Blessings of his mildred benign Government; a commendable Emulation will be excited, who shall manifest most dutiful Respect unto his Royal Person, and most liberally contribute to the Support of his Government: And being delivered from the fear of our Enemies, we shall join in celebrating his Praises, continually supplicating him b● whom Kings rule, to grant him uninterrupted Health, long L●fe, a peaceable and prosperous Reign; and that whosoever su●ceeds him may imitate and express all his Princely virtues, whereto let every Loyal Subject say, Amen.