A PLEA For the Commonalty of LONDON, OR, A Vindication of their Rights (which hath been long withheld from them) in the choice of sundry City Officers. AS ALSO, A Justification of the power of the Court of Common-council, in the making of Acts, or By-Laws, for the good and profit of the Citizens, notwithstanding the Negative votes of the Lord Major and ●●●ermen. Being fully proved by several Charters granted to this City, by sundry Royal Kings of England, confirmed by Act of PARLIAMENT, and by Records witnessing the particulars in the practice of them. In a Speech delivered in Common-council, on Monday the 24th of February, 1644. By JOHN BELLAMY. LONDON, Printed by George Miller, 1645. TO THE RIGHT HONOURABLE The LORD MAJOR, AND To the Right Worshipful the ALDERMEN, and the rest of the Common-council of the City of LONDON. Right Honourable, Right Worshipful, THat which lately I presented in a Speech unto your ears, I now presume in this little Manual to put into your hands; It neither than was, nor now is, any conceit I had, or have, of my own abilities (for I know myself the unmeetest, because the unablest, of many others,) that put me upon this task; But that duty and service, which I own unto this Court, and in it unto all the Commonalty of this City, made me to adventure myself (in the presence of your Lordship, and the worthy Aldermen,) to enter the lists, and to put in this plea, for the defence of our Liberties, and vindicating of our rights and deuce. And as sometimes it falls out in a case of danger, when the loss of all lies at stake, that the forwardness of a young and unexperienced Soldier, who perhaps is also more hardy than wary, yet loving his Country's liberty, adventures to begin the onset, and thereby provokes and stirs up Courage in the more grave and able Commanders, to follow on in hope of victory; So if now by my example, I may but encourage some of you, who are also with me members of this Council, and which I know are fare more able than myself, to improve your Parts and Abilities for the Common good, in using your best endeavours in this Court, for the pleading of our Cause, and thereby the regaining of those Rights and Liberties, which by the Charters of our City, do belong unto us; I shall then be in good hope, that by the evidence of Truth and Reason, all our Privileges and Immunities will be, as freely, so also lovingly, and consentingly granted to us; Which is, and ever shall be, the earnest desire and endeavour of him, who is and ever will be Your Lordships, and this City's servant, for the public welfare of it, JOHN BELLAMY. The Proem. Upon the 16th of January last, I made an humble Motion in the Common-council to the Lord Major and Aldermen, that one special means which I had oft observed to obstruct the good proceed of that Court, might be removed, viz. His Lordship's causing the Sword to be taken up, and then going away, and so dissolving the Court, without the consent, yea against the desires of the Major part. The remedy I proposed for the redress of this grievance, was this, that by the power of this Council, there might be a Law established, that the Court might not at any time be dissolved, or adjourned, without the consent of the Major part both of Aldermen and Commons in Common-counsel assembled; The ground upon which I took the humble boldness to make that so necessary a motion, was from the example of that never too much to be admired wisdom and prudence of those Noble Peers and Sages of this Kingdom, the Lords and Commons now assembled in this present PARLIAMENT, who seeing the sad effects (almost to the ruin of this Nation) that fell out by reason of the sudden breaking up of Parliaments, did thereupon address themselves, with one consent unto his Majesty; that he would be pleased to pass an Act, that this PARLIAMENT might not be dissolved, prorogued or adjourned, without the consent of both Houses of PARLIAMENT, first had and obtained thereunto: As I could not in my judgement find out a fairer Copy to write after in this my motion, for the City's safety, than that unparallelled practice of those Lords and Commons for the Kingdom's security: so neither could I present a better pattern than our Royal Sovereign, nor in all his actions, since the diadem of this Kingdom adorned his Kingly head, could I find out one, which in after ages will bespeak him more truly Royal, than this his so readily granting that their so just a desire; I also upon the 24 of January, prosecuted this my motion with some pressive arguments, hoping thereby to prevail; and they were such as I found made ready to my hand, by the most solidest and ablest judgements that this Nation hath, viz. the arguments which the Lords and Commons in Parliament, laid down before his Majesty (and which wrought his Royal consent) you may find them in the preface before the Act for the continuance of this present Parliament, all that was mine therein, was only the paralelling of the Condition of the Kingdom, for which they were made, with the condition of the City, to which I brought them, and applied them to the present case in hand; and let us but change the terms of the Kingdom, into City, and Parliament, into Common-council, which is as it were a City-Parliament, and then they will almost in every thing, as fully agree with our condition, as with the condition of the Kingdom for which they were framed; the particulars I principally insisted upon were these three; 1. The raising of moneys for the Kingdom's City's occasions. 2. The repayment of those moneys so raised by the Parliament. Common-council. 3. The redress of the public grievances of the Kingdom. City. Now as the Parliament could not, so the Common-council, cannot so fully with power and credit, either raise, or pay such moneys as they shall have occasion to use for the service of the Kingdom, City, nor remove the public grievances of the Kingdom, City, without the power of continuing together, and of not being dissolved, till they have fully effected that which in these or any the like particulars shall come under their debate or consideration, but seeing that neither so fair a prcedent, nor so forceable arguments could then prevail as was desired, I thereupon endeavoured; First, by the Charters of our City; Secondly, by Records witnessing our power in the practice of it; and thirdly, by equity and reason, to prove our Rights and deuce, as in this following Plea, I have laid them down and therein have made our claim. A Plea for the Commonalty of LONDON: OR, A Speech delivered in Common-council, on Monday the 24th. of February, 1644. My Lord, MAster Recorder having fully and faithfully reported the truth, in showing the little success, or good, that after three day's debate hath been done, in that Committee, which was appointed to state the question in controversy, between the Aldermen and Commoners, members of this Court of Common-council, and I being by this Court added to that Committee, thought it therefore my duty (according to the best of my abilities) to give an account to this Court, whom it chiefly concerns, how in my judgement I conceive the right and truth therein doth stand; and for methods sake, I shall deliver what in this I have to speak, under these three heads. First, That this City (by those favours and bounties which we and our predecessors have received from sundry Royal Kings of England) is now invested with many excellent immunities, franchises and privileges. Secondly, Who are the proper recipients of those favours, or to whom the power of using and maintaining those favours and privileges granted to us by our Royal Kings of England is committed. Thirdly, The reasons or arguments, wherefore those persons unto whom this power is committed, should carefully and conscionably maintain and use those privileges, with which they are entrusted. For the proof of the first, I have a large and a pleasant field to walk in; and truly I want both time to recount them all, they are so many; and words to set forth the worth of them, they are so excellent. When I throughly view them, I know not well whether I should more magnify the grace and favour of those royal Princes, in giving us so many privileges, or admire our own happiness in the enjoyment of them. But I must only do in these, as men usually do in a curious garden, pluck here a flower and there an herb, which are most pleasing to their senses, and most useful for their service; and when I have done the best I can, I must leave many behind me, for want of time and skill to collect and improve them for the common good: But my hope and desire is, that some more able and skilful hand, will shortly set them forth in their use and lustre, before your Lordship and this Court. I can no way cast my eye, but it beholds many witnesses of this truth; for that we are here, at this time in the capacity of a City Council, to consult upon, debate about, and determine of, such things which do or may concern the common good, this pleads, this proves our privilege: That Emblem of Authority, which ere while was borne before your Lordship, and now presents itself within your view, is another argument to prove your power, and in it the power of this City, whose head (under his Majesty) your Lordship is. Very much hath been anciently written by many Authors, in the praise and commendation of London, but it hath been lately, as truly, so fully summed up together, by that learned Lawyer Sr Edward Cook, sometime Recorder of London, and after Lord Chief Justice of England, in his fourth part of Institutes, p. 247. In these three expressions; 1. Camera Regis. 2. Rei Publicae Cor. 3. Totius Regni Epitome. The Chamber of the King, the heart of the Commonwealth, the Epitome of the whole Kingdom. But, my Lord, I must come to the proof of these proofs, for it is not sufficient to show that we are thus, and that your Lordship is possessed of such a power, for this and more than this may be by usurpation, and without warrant; But that which is my part to prove, is, That your Lordship and this City, is invested with a just and a full power thus to be, and thus to do, and that by the free and clear grants of sundry royal Kings of England, manifested in their several and respective Charters, which by their grace and favour they have granted to us. Those pleasant flowers and useful herbs which I shall now endeavour to present you with, are such as will chiefly make a flourishing and populous City to be truly happy, which are these two. First, To have the power to choose our own chief Governor, and subordinate Officers amongst ourselves. Secondly, To have also the power to make such Laws, which are or shall be for our own welfare, and best accommodation. London was anciently governed, both before the conquest, in the time of the conquest, and for about 120 years after the conquest, which was, until the first year of Richard the first, by Port graves, or Portgreeves: Richard the first, appointed the first Major of London, which continued for about 24 years, until the 14th year of King John; And King John was the first King of England, that gave us the power to choose our chief Governor, viz. the Major amongst ourselves, as the words of the Charter in the 16 year of his reign, makes it plain, the words are these. Know ye that We have granted to our Barons of our City of London, that they may choose unto themselves a Major of themselves. And that Charter of Henry the third, in the 37 year of his reign, gives us the like power, in these words. We grant also unto the said Citizens, that they may yearly present to our Barons of the Exchequer, We or our Heirs not being at Westminster, every Major which they sholl choose in the City of London, to the end they may be by them admitted, as Major. And that Charter of Edward the second, in the 12th of his reign, confirmeth to us the same power of choosing the Major, with this addition also, of choosing both the Sheriffs, I say, of choosing not only one, but both the Sheriffs, and that in these words. That the Major and Sheriffs of the City aforesaid, may be chosen by the Citizens of the same City, according to the tenor of the Charters of our Progenitors, sometimes Kings of England, to that end made; Et nullo alio modo. Which Charter, hath reference to the Charter of King John, in the first year of his reign, in these words. And further, We have granted to the Citizens of London, that they may make of themselves, Sheriffs, whomsoever they will, and may remove them when they will. And the same Charter of Edward the second, gives us the power of choosing the Chamberlain, Common Clerk and Common Sergeant, in these words. And that the Chamberlain, Common Clerk and Common Sergeant of the City aforesaid, be chosen by the Commonalty of the same City, and amoved at the pleasure of the same Commonalty. The same Charter, gives the choice of the Masters of the Way-house, to the Commonalty, in these words. And that the Weights and Beams for weighing of Merchandizes betwixt Merchant and Merchant, Whereof the issues growing, and the knowledge of them, pertain to the Commonalty of the City aforesaid, remain to be kept at the will of the same Commonalty, in the custody of two good and sufficient men of the same City, expert in that office, to be hereunto chosen by the Commonalty aforesaid; and that they be not in any otherwise committed to any others, but to such as shall be so chosen. And in the 22th of Henry the vl, this is granted to the Major, Commonalty and Citizens of London conjunctim. I might tyre out myself, and wear out your patience, if I should read all the several Charters, which gives the choice of many other City Officers unto the Commonalty, as the Sergeants of the Chamber, the Offices of Packing, Garbling of Spices, Gaugers and Measurers, with many others, but I will at present forbear, and go on to the next, which is this. That this City is invested with power, to make such Laws, which are, or shall be for our own welfare, and best accommodation. That Charter of Edw. 3. in the 15th year of his reign, fully clears it in these words. We have granted further, for Us and our Heirs, and by this our present Charter confirmed to the Major and Aldermen of the City aforesaid; That if any customs in the said City, hitherto obtained and used, be in any part difficult or defective, or any thing in the same newly happening, where before there was no remedy ordained, and have need of amending; the same Major and Aldermen and their Successors, with the assent of the Commonalty of the same City, may add and or deign a Remedy, meet, faithful and consonant to reason, for the common profit of the Citizens of the same City, as oft, and as such time, as to them shall be thought expedient. When I seriously consider, what Privileges by these Charters we are invested with, I know not well what further in this kind, could be desired to make us a happy people, were we not wanting in ourselves towards our own happiness. I have now done with the first, which I think makes fully good the thing proposed, viz. That this City, by those favours and bounties which we and our predecessors have received from sundry Royal Kings of England, is now invested with many excellent Immunities, Franchises and privileges; and I pray God give us grace, wisely and humbly to make a right use of them. The second thing I proposed to speak to, was this, viz. Who are the proper Recipients of those privileges, or to whom the power of using and maintaining those privileges and favours granted to us by our Royal Kings of England is committed. I have only in this these two things to speak to; First, To show to whom these privileges have been granted. Secondly, To prove by whom these privileges have been practised. These two things being once well cleared, will fully prove the thing proposed. For the first take a survey of all the Charters, which have been granted to this City, since the date of that grant of King John to this day, which are very many, and they all run thus, or to this effect. To the Major, Aldermen and Commonalty of the City of London, or to the Major and Commonalty of our City of London. And here I cannot but remind you of those Charters of Edward the third, in the 15th year of his reign, where the Major and Aldermen, with the assent of the Commonalty, have the power, as to explain, so to amend the old, or to make new Laws, for the common profit of the Citizens, And of that of King John, in the first year of his reign, and of Edward the second, and in the 12th year of his reign, where the sole power both to elect and to amove the Sheriffs, the Chamberlain, the Common Clerk, and the Common Sergeant, is wholly left to the pleasure of the Commonalty, without any reference to the Major and Aldermen. Thus it is clear, that the Commonalty have by the Charters, an equal share with the Major and Aldermen in the privileges granted to this City; and if there be any difference, as there is, in the choice of some City Officers, the advantage is unto the Commons. The second particular in this second head, is this; By whom these privileges have been practised. I shall endeavour to make this as clear as the former; For as the power in the aforesaid Charter of Edward the third, doth enable the Major and Aldermen, with the assent of the commonalty, to amend the old, or to make new Laws, so suitable thereunto are all our Acts of Common-council, which are our City Laws; they are made as in the joint names, so by the joint power of the Major, Aldermen, and Commons in Common-council assembled. Give me leave I pray, to instance in a few particulars, which have been done by the power of this Court, since I have had the happiness to sit as a Scholar in this School. As upon the 4th of March, 1641. The removing of Duputy Alden from being a member of this Court. Upon the 5th of Septemb. 1642. The putting away of Mr John Wild, from being Town Clarke of this City. Upon the 18th of Febr. 1642. The expelling of Thomas Wiseman, the City Remembrancer out of his Office. Upon the 28th of April, 1643. The Amoveing of divers Alderman's Deputies, from their places of Deputyship; And all this by the joint and concurrent power and authority of the Ld Major, Aldermen and Commons in this Common-council assembled. And that all the determinative, binding and concluding power of this Court, is in the plurality of the votes of the Lord Major, Aldermen and Commons conjunctim; And that the Lord Major and Aldermen, have in this Court no more power of a negative voice, then as single persons, which every member of this Court hath as fully as they, if their judgements in the debate sway them to the negative; And that the Aldermen alone and by themselves, cannot hold the negative against the Commons affirmative; I prove these three ways. First by practice, Secondly by argument, Thirdly by equity and justice. First, I will show by practice that it hath not been so. Secondly, I will prove by argument that it cannot be so. Thirdly, I will make it appear, that in equity and justice it ought not to be so. First, That it hath not been so, I thus prove by practice. Upon the 17th of Febr. 1641. A Petition was brought into this Court, directed only to the Lord Mayor and Aldermen, and because it was not directed to the Lord Major, Aldermen and Commons in Common-council assembled, this Court refused to take any cognizance of it; But the than Lord Major, Sir Richard Gurney, with the major part of the Aldermen then present, in that Common-council, would have the Court to admit of that Petition; and the Court refusing, for the reason aforesaid, the Lord Major and Aldermen (conceiving, as I suppose, that they should carry it by plurality of votes) would have the Court divided and numbered by the Pole, and so it was done; there was for the Petition, the Lord Major, 7 Aldermen, and 61 Commoners; and against the Petition, 5 Aldermen, and 85 Commoners, and thus the members of this Court, both Aldermen and Commoners being reckoned together by the Pole on both sides, as members of this Court, the question was determined, the Petition rejected, and the power and authority of this Common Council maintained. Secondly, That it cannot be so, I thus prove by Argument. That Court which hath the power to make a Law, and by that Law to confer a power upon the Lord Major and Aldermen, which as Lord Major and Aldermen they had not before, must needs be quo ad hoc, unto the making of a Law above the Lord Major and Aldermen: But this Court of Common-council hath the power to make a Law, and by that Law to confer a power upon the Lord Major and Aldermen, which as Lord Major and Aldermen they had not before. Therefore this Court of Common-council, so fare as unto the making of a Law, must needs be above the Lord Major and Aldermen. That this Court hath the power to make a Law, and by that Law to confertre a power upon the Lord Major and Aldermen, which as Lord Major and Aldermen they had not before, I prove de facto, as appears by an Act of Common-council, made in the 6th of Henry the 7th, upon the 15th of April; by which this Court conferred a power upon the Lord Major and Aldermen, that at the election of the Chamberlain, the Lord Major and Aldermen should present two men to the Commonalty, and the Commonalty to choose one of them to be Chamberlain. And in the same Act of Common-council, this Court conferred a power upon the Ld Major and Aldermen, that at the election of the Bridg-masters, the Ld Major and Aldermen, should present four men to the Commonalty, and the Commonalty to choose 2 of them to be Bridg-masters. Which power of presenting two men for the choice of Chamberlain, and four men for the choice of Bridg-mastere by the Ld Major and Aldermen, they as Ld Major and Aldermen had not before, Ergo, The Court of Common-council quo ad hoc, as unto the making of a Law, must needs be above the Lord Major and Aldermen. 2. Argument. That Court which hath the power to make a Law, and by that Law to take from the Lord Major and Aldermen, that power which before was by a Law conferred upon them as Lord Major and Aldermen, must needs be, quo ad hoc, as unto the making of a Law above the Lord Major and Aldermen; But this Court of Common-council hath the power to make a Law, and by that Law to take from the Lord Major and Aldermen that power, which by a Law was formerly conferred upon them as Lord Major and Aldermen; Therefore this Court of Common-council must needs be quo ad hoc, as unto the making of a Law above the Lord Major and Aldermen. That this Court of Common-council hath the power to make a Law, and by that Law to take from the Lord Major and Aldermen, that power which formerly was by a Law conferred upon them as Lord Major and Aldermen. I prove as before de facto, as appears by an Act of Common-council, made the 21th of June, 1643. by which this Court repealed the former Act of Common-council of Henry the 7th, and so took away that power from the Lord Major and Aldermen, which before was by that Law conferred upon them, as Lord Major and Aldermen, and so settled the choice of Chamberlain and Bridgemasters in statu quo prius; Therefore this Court of Common-council, quo ad hoc, as unto the making of a Law, must needs be above the Lord Major and Aldermen. 3. Argument. If the Court of common-council so fare as unto the making of Laws be above the Lord Maior and Aldermen, than the Lord Major and Aldermen can have no negative voice, as Lord Major and Aldermen, so as to hinder the Court of Common-council from making of a Law, but the Court of Common-council, so fare as unto the making of Laws, is above the Lord Major and Aldermen; therefore the Major and Aldermen, as Lord Major and Aldermen can have no negative voice, so as to hinder the Court of Common-council from making of a Law. That the Court of Common-council so far as unto the making of Laws, is above the Lord Major and Aldermen, the two former arguments fully prove, therefore the conclusion stands firm upon its true foundation, viz. That the Lord Major and Aldermen, as Lord Major and Aldermen, can have no negative voice, so as to hinder the Court of Common-council from making of a Law. Thirdly, That it ought not to be so, I prove by equity and justice. The Aldermen are but in number 26, the Commoners in this Court about 250. in person, and in representation many thousands. Now if there should be a power of a Negative voice, in 26. single persons, Members of this Court; and they thereby have the power to hinder the passing of Law, which upon serious and solemn debate, hath been upon good grounds assented unto, and desired by so great a number (and that for the common good and welfare of the Citizens of this City, every one of which greater number, being as fully interessed in the good or evil that may come by the passing or not passing of the Law in question, as any of the 26. Aldermen are; O then how many, and how great advantages may we see before us, which being by the passing of a Law obtained might make us happy. And on the other side, how many pressive and unsupportable evils may we see ready to swallow us up; and for want of power to pass a Law to prevent them, will make us irrecoverably miserable; and yet we must all sit still and sigh, with our fingers in our eyes, and morn and die for the mere will and pleasure sake of 26. single persons, nay of seven persons, for thirteen Aldermen make a Court, and seven of them being the greater number of thirteen have the power of the Court, and so the power of a negative vote, to hinder the passing of an Act in Common-council; If this be granted, into what a remediless way of ruin may we fall, as in the case of Sr Richard Gourney, in standing out against the just desires, yea commands of Parliament. And thus I have, I hope fully and clearly proved, both by Charters and by practice, that the Ld Major, Aldermen and Commonalty conjunctim, and not either alone, as separated or disjunct from the other, are the proper recipients of those grants and privileges, which our Royal Kings have in their bounty and favour invested this City with. Therefore my Lord, we honour your Lordship, and all those worthy Senators your Associates, and we cannot but acknowledge your Lordship, to be under his Majesty the head of our City, yea a head of our own choosing; if therefore we should go about in the least measure to eclipse your Honour, or to diminish your just power, we should in so doing wound ourselves, whose head you are. But as we give you the honour of a headship, O take not from us, I beseech you the right of Membership, but acknowledge us as Members of your body, though we be (as truly we confess ourselves to be) with reference to your Lordship, and the Aldermen, but inferior Members, as suppose the hands and feet of this great body, whereof your Lordship is the head; yet as in the Natural body, the soul diffuseth itself into all the Members of the body, to make them fit for action, as into the feet to walk, into the hands to work. O suffer us I pray you to do that, which God, which nature, and which all our Royal Kings, in all their Charters have granted to us, and doth require of us, that is, that in our places we may act our parts; And than you will easily see, that as in the Natural body, the head cannot walk without the feet, nor work without the hands, nor can your Lordship and those worthy Aldermen, though the head and chief of this great Council, yet act nothing without the concurrent power of us your hands and feet for to assist you. The soundest and best of bodies are subject to diseases, and those maladies in the most noble parts, are ever most dangerous; if therefore there breeds an ulcer, or tumour in the head, and cause it so to swell, as it hinders the necessary and natural motion of the rest of the Members, and thereby endangereth the life of all. Oh then blame not, I beseech you blame not, the feet, if they run forth to seek a remedy, nor yet the hands, if they apply it; for every Member, as it tenders it's own well-being, aught to seek the welfare of the whole body. And if the distemper be in the head, as sad experience daily proveth, no member of the body can then be well at ease. But I foresee an objection that may here be made, against a part of what I have before spoken, which is this. That the choice or election of some City-officers have been time out of mind in the power of others, and not in the Commonalty, as one of the Shrieves to be chosen by my Lord Major's Prerogative, and the common Clerk and common Sergeant by the Court of Aldermen. I shall give to this objection a twofold answer. First, that which our Saviour Christ gave to the Pharisees in the case of divorce, they then pleading (as these now) prescription for it, and saying, that time out of mind, even ever since Moses days, it had been so; True, saith our Lord Christ, Moses for the hardness of their hearts, suffered them to give a bill of divorce, and to put away their wives, but from the beginning it was not so. The same say I, 'tis confessed, that a great while the choice of these and some other City-Officers, have been suffered to run along in these Channels of pretended Prerogative and unwarranted custom, but from the beginning it was not so; therefore as our Saviour Christ said in that case, What God hath joined together, let no man put asunder; So say I in this, what God and what the Charters of our City hath joined together, let not man, let not not your Lordship's pretended Prerogative, let not unwarranted custom, either put or keep asunder. The second Answer I give to this objection is this. That this power hath either been given from the Commonalty by their own consent, or else taken away from them by usurpation, if by usurpation, than it behoves this Court, the only representative body of this City to use all good means to regain what hath been so long unjustly taken from them. But if given away by consent, as I will not deny, but our forefathers in their times, might be persuaded upon specious shows and fair pretences, and peradventure in their esteem upon solid reasons, to make over a part of their power, into the hands of the Ld Major and Aldermen, who knew better for their own advantage, how to use it, than they to keep it, yet I hope, if reason and just cause require, the power of this Council may reassume it again into the hands of the Commonalty, as it did in the like case upon the 21. of June, 1643. reassume the sole power of choosing the Chamberlain and Bridgemasters into the hands of the said Commonalty. I come now to the third and last head I am to speak to, viz. The reasons or arguments, wherefore those persons unto whom this power is committed, should carefully and conscionably, maintain and use those privileges with which they are entrusted: I will insist only upon two Arguments to press this. First, from that damage and loss which our Predecessors have under-gone for misusing and non-usage of those Privileges and Immunities, which by the favour and bounty of former Princes have been bestowed on them. Secondly, from that obligation of a sacred Oath, by which we all as free men of this City stand bound for to maintain them. The omission and misusage of Privileges have been exceeding detrimental to our Predecessors, and may be of as dangerous a consequence unto us; but before I prosecute this Argument, give me leave to acquaint you, how careful one of the Kings of England was to preserve this City from loss and danger in this respect. I read that Edward the third, in the first year of his reign made provision for this City, that our Liberties should not be seized into the hands of the King for any persionall Trespass of any one minister of Justice in this City, but did ordain that such a minister of Justice should be punished according as the quality of his Trespass should require. But if the City itself (which is only represented in this Court) shall so fare undervalue, or slight the grace and favour of our Royal Princes, as not to use or to misuse such grants and privileges, as they are pleased in their bounties to invest us with, then as this neglect, and non-usage, or misusage of our privileges hath made our Predecessors to pay dear for it: So we may also mourn under the loss of it, and smart for it: For in the same Edward the 3. days, in the 15. year of his reign, it cost this City 1000 marks, for not fully using those free Customs and Liberties which had been formerly granted to them, where observe that it is not sufficient to use some of our free Customs and Liberties, but we must use them all, yea and fully use them in that way and manner, as in which they were granted to us by our Charters, else as then, so now, the non-usage, or mis-usage of them may occasion a mulct or fine to be imposed on us. For there is no man that is any whit conversant in our City Charters, but can easily and truly testify, that not once or twice, but 10. if not 20. times, this City hath been forced to receive a pardon for non-usage, and mis-usage of their privileges, and for City-Officers to be chosen, and not by the persons appointed by Charter to choose them, is a plain mis-usage of power and privilege. Therefore my Lord, if your Lordship will by your Prerogative still choose one of the Shrieves, and the Court of Aldermen will still choose the common Clerk and common Sergeant; Why I beseech you may you not as well share the choice of all the City-Officers amongst yourselves? but if you will grant us of the Commonalty, our rights in the choice of some of them, I pray deny us not our rights in all. For do you not think it is much better to use and keep that we have, then by neglect, disusage, or mis-usage to lose all. And is there not still some about the King, which would fain take hold of any occasion to fill their own Coffers with our City Coin, if according to the Country Proverb, they could any way find a hole in our Coat. Suffer me I beseech you to relate unto you, what I have sometimes read to this purpose. In the 16. year of Richard the 2d, there was a Commission procured from the King to the then two Dukes of York and Gloucester with others, grounded, as then pretended upon a Statute of Edward the 3d, in the 28. year of his reign; which Statute in King Edward the 2d days was by a byword called, as saith Sir Henry Colthrop, sometimes Recorder of London, Flagellum Civit. Londini. the whip and scourge of the City of London, God keep us from the like whip again, lest it fetch life, as well as blood from us. It was to inquire (I will give it you in the words of the Record) of all and singular errors, defects and mispritions in our City of London, for want of good Government of the Majors, Shrieves and Aldermen of the same City. And as there doth not now, so it seems there did not then want informers, for the then Major, Aldermen and Shrieves, were convicted and adjudged to pay for their first default a 1000 Marks, for the 2d 2000 Marks. And for the third, the liberties of the City was taken into the hands of the King, and did there remain, until by the mediation and intercession of the Queen, a pardon was procured, and their Privileges restored. My author tells me not what this Mediation of the Queen cost this City, but we may well think the pardon came not off at a low rate, I'll close this with a good lesson I long since learned. Foelix quem faciunt aliena pericula cautum, Happy are they whom other men's harms, do make to beware. The second Argument is from the obligation of a sacred Oath, by which we all as freemen of this City stand bound to maintain all the Liberties and Franchises thereof. Sacred Oaths I conceive may admit of a twofold distinction. 1. assertory. 2. Promisorie. I am only to speak of the second, and of it but three things; and of those almost in as few words. As 1. The Antiquity of it. 2. The Authority of it. 3. The Obligatorines or binding power of it. For the Antiquity of it, I find it as ancient as Abraham, and the Authority of it from God himself, both these in Genes. 22.16, 17. By myself have I sworn, saith the Lord, that in blessing, I will bless thee, etc. The Obligatorines or binding power of it, is also from God himself, Numb. 30.1, 2. This is the thing which the Lord hath commanded; If a man swear an Oath to bind his soul with a bond, he shall not break his word, he shall do according to all that proceedeth out of his mouth. And if any man dare do otherwise, God himself will likewise be a swift witness against him for it. And that we are all bound by Oath to maintain the City Liberties, this clause in a freeman's Oath, (viz. The franchises and customs of this City you shall maintain) doth fully prove. I have now gone through all I proposed to myself, and I hope fully proved every particular. Give me leave I beseech you to close all as St Paul did to Philemon in the case of Onesimus, Though I might enjoin thee that which is convenient, yet for love's sake I rather entreat thee. So I, though we might require our rights of your Lordship and those worthy Aldermen, as that which is our deuce, by the City Charters, yet for love sake we rather become suitors to your Lordship, and all your Associates, those grave Senators, the worthy Aldermen; And do as for love, so for peace sake also, entreat you to join with us, by your consent and assistance to settle them all aright upon their own Basis, that so we may be in such a condition, as upon every emergent occasion to be able, by the blessing of God, to be safe within ourselves, and serviceable in our places unto King and Parliament. I could in this way of supplication to your Lordship even weep out my own eyes, yea let out my own bowels, could I but thereby penetrate in the breasts of your Lordship, and those worthy Aldermen, to draw some compassion from you in this very nick of time to help to save a sinking City, if not a dying Kingdom. Is it not the enemy's maxim, Divide & impera, divide and rule; and hath not Division already proved too destructive to us; and is there any means under heaven, so hopeful for our helps as Unity and Concord: Hath not that God, who is the God of Unity, made us One: Hath not the Charters of our City made us One, and doth not the Constitutions of this Court make us one entire Council; and yet shall we who are thus made one by this threefold bond break in two, and run to ruin. O my Lord I want words to express my sorrow, we who are the Commons stand with our stretched out Arms, ready to embrace your Lordship, and all those worthy Aldermen in the nearest and firmest bond of Unity and Love; look not upon us I Beseech you with a displeasing countenance, but afford us the like mutual embraces; disdain us not, though below you, for we are as your flesh and your bones, If therefore there be any consolation in Christ, if any comfort of love, if any fellowship of the Spirit, if any bowels of mercies in you, grant our just desires, and in love and peace settle and estate us in our rights and deuce, and be of the same mind with us, having the same love to us, for O how good and pleasant it is for brethren to dwell together in Unity. I might further press this by a threefold argument; As 1. That as you are the head and Governors of this City. 2. That as you are bound by several sacred Oaths. 3. That as you tender the welfare and liberty of your posterities, You ought to do it. But I'll forbear, hoping that a word to the wise will be sufficient, and shut up all with the relation of a City History upon Record, which I beseech you seriously to consider of, and make such an application of it to yourselves, as in your wisdoms shall seem most meet unto you. In Anno 1389. William Vennor Major, and John Walcut and John Lony Shrieves, with the then Aldermen, who all by name in their order stand blemished upon Record, That for the Errors, defects and mispritions in their Government, they were fined at 3000 marks, and the City Liberties seized on by the King. Can you imagine that every or any water or aqua fortis, will wash of or wear away this their obloquy and repreach, Abundans cautela non nocet, Very much cautiousness will no way hurt you. Consider on the other side, that the wisest of Kings, spoke very wisely, when he said, A good name is rather to be chosen then great riches, and that it is better than a precious ointment. And will it not be so to you, when for your long lasting fame and glory, it may stand upon Record to after ages, when we are dead and gone, That in Anno 1644. when the Right Honourable Thomas Atkin was Lord Major, the right Worshipful William Gibbs, and Richard Chambers were Shrieves, and that learned and able Lawyer and Patriot of his Country's liberty John Glyn was Recorder, and such and such worthy Knights and Gentlemen, reading you all according to your degrees by name, was Aldermen: That then by your assistance and consent, London, I say the Commonalty of London, was restored to their long lost Liberties and Privileges. Consider what I say, and the Lord give you understanding in all things. FINIS.