A Just and Solemn PROTESTATION AND REMONSTRANCE OF THE Lord Mayor, Aldermen, Sheriffs, common-council-men, and other Citizens and Freemen of LONDON. AGAINST Two late Ordinances of the Lords and Commons that now sit; For the Choosing of common-council-men and other Officers within the City and Liberties thereof for the YEAR ensuing, in the general; And against some Clauses in them in particular: Which ORDINANCES bear date the 18, and 20 of DECEMBER, 1648. Imprinted at London, 1648. A just and Solemn Protestation and Remonstrance OF THE Lord Major, Aldermen, Sheriffs, Common-Councel-men, and other Citizens and Freemen of London, against two late Ordinances of the Lords and Commons that now sit. WE the Lord Major, Aldermen, Sheriffs, Common-councel-men, and other Citizens and Freemen of the City of London, who have exhausted our estates, adventured our lives, lost our blood, and for eight years' space together day and night upon all occasions indefatigably contributed our utmost labours, treasures travails, counsels, prayers, & endeavours to maintain the honour, freedom and safety of both houses of Parliament; & stood by them in their greatest straits, assisting them with our purses and forces, when few else would own or stand by them, and hazarded the loss of all that is dear and precious to us for their defence, who else had been swallowed up and destroyed by their prelatical, Popish, Malignant enemies sundry times ere this, and brought to utter desolation; For all which faithful Services, and real testimonies of our most cordial affections towards them (which they have frequently and gratefully acknowledged both in the Houses and City upon sundry occasions, and remonstrated to the world in divers printed Ordinances and Delarations.) We did at least expect a free and full enjoyment, if not a confirmation and enlargement of all Our ancient Hereditary freedoms, privileges, rights, Franchises and Customs ever constantly enjoyed by us and our Predecessors from before the Conquest, till the last year, confirmed by Magna Charta itself, Chap. 9 which enacts, That the City of London shall have all the old Liberties and Customs which it hath been u●ed to have; and entailed to us and our Successors for ever, by many successive Charters and Acts of Parliament of most of the noble Kings of England, as well before as since; which neither one nor both Houses of Parliament, in their fullest and freest condition, have or can pretend to have any just or lawful power to repeal or diminish in the least degree, without our own consents or desires, and the King's concurrence thereunto by an Act of Repeal; much less whiles under the actual force and power of disobedient mutinous Army, who have forcibly imprisoned, excluded and driven away most of their Members. But in stead thereof we find (to our deepest grief and astonishment) a most ingrateful, and dishonourable requital of all our former faithfulness, love, bounty and services, not by the generality of the Members of both Houses (whose favours and sincere affections towards us, in studying to preserve and enlarge our privileges, Franchises and Charters upon all occasions and Treaties with his Majesty, we shall ever gratefully acknowledge) but only of a small inconsiderate party in the Houses, wholly acted and swayed by a Jesuitical and Anabaptistical powerful party in the Army, who have a long time made it their principal study and masterpiece, to rend and disengage the City and Houses from, and dash them in pieces one against another, and divide them into factions and fractions among themselves, whereby to enslave and ruin them both, and by their slavery and ruins to make way for their own ambitious designs, and intended Greatness and Tyranny, far more intolerable and grievous than any we or our Ancestors formerly sustained under tbe worst of all our kings; which they have no hopes to accomplish, whiles the Houses and City enjoy their ancient privileges, Freedoms, and continue cordially united: and therefore have at this present most perfidiously and traitorously endeavoured to captivate and enslave, not only the King, but both Houses of Parliament, and the City together; and in them the whole Kingdom and English Nation. For which end and purpose, having brought up the whole Army to London and Westminster, contrary to the Houses Order▪ and quartered many of them in and about the City, in the principal places of strength and advantage, beyond our expectation, and contrary to their own Engagement to us; seized upon our Treasuries and Halls; imprisoned one of our Sheriffs, though a Member, and carried him caprive out of our liberties; and by armed power and a horrid force upon both Houses, most injuriously imprisoned, and forceably kept out, and driven away all or most of their faithful Members admiting none to sit, but only such who are confederate with them in these their Treasonable designs, and that under their force and imposed Guards to over-awe them; They have on the 18 and 20 of December last, caused these their Confederates (who usurp and take upon them the Name and Authority of the two Houses of Parliament, when as in truth, they are and have been neither, and no Houses at all ever since their being under such a visible force, and violent restraint and seclusion of the greatest Number of their Members from thence by the Officers & Armies armed power, contrary to the undoubted known Rights, privileges and freedom of Parliament, which they, we, and the whole kingdom and Army are engaged by Covenant inviolably to preserve) to make and publish two Printed Papers: The first whereof they style, An Ordinance of the Lords and Commons assembled in Parliament for the choosing of Common councilmen, and other officers within the City of London, and liberties thereof for the year ensuing, The second, an Ordinance of the Lords & Commons assembled in Parliament: concerning the Election of Common councilmen, and other Officers in the City of London. Wherein among other things they do Declare and ordain; That no person whatsoever that hath been imprisoned or that did subscribe or abet to the Treasonable engagement (as they term it) in 1647, or that did aid, assist, or abet the late Tumult within the Cities of London and Westminster, or the Counties of Kent, Essex, Middelsex, or Surrey shall be elected, chosen, or put into the Office and place of Lord Major, Alderman, alderman's Deputy, Common councilmen, or into any Office or place of trust within the City for space of one whole year, or be capable to give his voice for the choosing any person to any the Offices aforesaid. And it is thereby further Ordained by the Authority aforesaid (though null and void) That if any person or persons comprehended under the aforesaid exceptions, being chosen, shall presume to sit in the court of Aldermen, common-council, &c. or to execute any of the aforesaid Offices contrary to the true intent of this Ordinance, shall forfeit the sum of two hundred pounds, the one half whereof shall be within twenty days paid unto him or them that shall make proof thereof, and the other moiety to be paid unto the Treasurers appointed by Parliament for the use and relief of the maimed soldiers; And it is hereby declared; That all such elections are null and void, and the Lord Major for the time being is hereby required from time to time to give order, that this Ordinance be published at all elections, and that the same be strictly and punctuolly observed, as also by affording the liberty of Pole, it being required by any of the Electors present; And for the better execution of this present Ordinance be it further ordained, That the Lord Major of London, the Sheriffs, and Aldermen, and Justices of Peace within the said City of London, or any two of them shall, and are hereby authorized and required to commit to prison all such persons, as after due proof upon oath to be made unto them, or any two of them of any person that shall make any disturbance at any election, contrary to this Ordinance, and to levy the said fine of two hundred pounds by distress, and sale of the goods of the person so offending contrary to this Ordinancee. Which pretended Ordinances, being made and published by confederacy as aforesaid, whiles both Houses remained under the unparalleled, force of the Officers and Army, who have levied open war against them, and violently imprisoned, excluded and driven away most of the Members, and end●avour to dissolve the Parliament, and tending wholly to alienate our affections from, and engage us against the Parliament, to deprive us of our undoubted Hereditary Liberties, Freedoms, Franchises and customs, confirmed and settled upon us by so many royal Charters and Acts of Parliaments, and enjoyed always by our Predecessors under the worst of Kings and Tyrants; to subvert the whole Government, Magistracy and Freedom of the City, and to put us into present confusion and mutinies, that s● they might thereupon take advantage to enslave, plunder and destroy us at their pleasures: We do therefore in this our great extremity and perplexity, which so nearly concerns the present Government, weal, safety, and very life and being both of City, Parliament and Kingdom, here seriously and unanimously Protest before the Almighty all-seeing God, Angels and men, That these two pretended Ordinances, being made by confederacy as aforesaid while both Houses lay under so great a force, and most Members were violently excluded and forced thence, (there being at the passing of them not above 3, or 4. Lords, and 45. Commons at most present, and they under the forced guards of the Army) are in themselves mere nul, void and u●obligatory to us and all others, to all intents and purposes, and were and are declared to be so, at the very time of their making. by the Ordinance of both Houses of the 20 of August 1647 made by those very Members who passed these two pretended Ordinances. And that all elections of any Officers whatsoever within the said City and Liberties, wherein any of us have been deprived of our voices and Freedom by colour of either of these two Ordinances are merely nul and void to all intents. And we further hereby in like manner declare and protest, that the fore-mentioned clauses contained in these pretended Ordinances (though the Houses had been never so replete and free when passed) which deprives us of the undoubted liberty and freedom of our voices in electing our officers; disables any persons elected by us to bear any office when elected, and which do declare the said elections void, imposing a forfeiture of two hundred pound upon such who shall in the least degree execute any trust or office to which we shall elect him, to be levied by distress and sale of his goods; and giving authority to the Lord Mayor, Aldermen, and Justices of Peace within the City, to imprison all such persons, (who coming to give their voices, or claiming and maintaining their freedom and the Cities) shall make any disturbance at any election contrary to these pretended Ordinances; though never so faithful to the Parliament, and active in their service heretofore: are likewise void and null in themselves, and the highest and most tyrannical usurpations over our liberties, franchises, Persons, estates and freedom in our elections, that the heads of our professed enemies could invent, and most contrary to all the Houses former Professions, Remonstrances, Declarations, promises, and engagements, and to their solemn League and Covenant, to defend and protect our liberties, franchises, customs rights and freedoms, yea contrary to the fundamental laws and Statutes of the land; the manifold Charters and Acts of Parliament made from time to time, for the confirmation of our Customs, Liberties, and Freedom in the Elections of our Officers; and to the express Statute of 3 Edw. 1. c. 5. which enacts, That all Elections ought to be free; and that no great man, nor other by force of Arms or menacing, shall disturb any to make free Election▪ (much less by menacing Ordinances, Fines and Imprisonments;) which Sir Edward Cook in his Commentary thereon (printed by both Houses special Authority) affirms and proves to be the Common Law of England, and the Subjects birthright. And contrary to the Statutes of Magna Charta c. 29. 5. Ed. 3. c. 9 25. Ed. 3. c. 4. 28. Ed. 3. c. 3. 37. Ed. 3. c. 18. 42. E. 3. c. 3. and the Petition of Right; for defence whereof we have in our seven last years Wars, expended so many millions of Treasure, and lost such streams of gallant English blood. And finally, we do hereby unanimously further declare and protest▪ That notwithstanding these pretended void Ordinances, or any other of this nature, made in derogation of our just Franchises, Rights, Liberties, Customs and ancient Government, we are resolved, according to our oaths as Citizens and Freemen of London, and according to our solemn League and Covenant, as Christians and Freemen of England, through God's assistance, to the utmost of our powers and, abilities, with our lives and estates constantly and inviolably to maintain, defend, and preserve our just Hereditary Freedom and right of electing all our City officers, whatsoever, according to our ancient and uninterrupted Charters, Customs, Acts and usages, with all other our undoubted Franchises, Liberties, privileges, Rights and Customs left unto us by our Ancestors, (especially in these times of so much contesting for common Liberty and Freedom;) and will protect and defend the same against all Invasion and Encroachment of any usurped, arbitrary and tyrannical (Parliamentary or other) power whatsoever. In witness whereof we have thought meet to publish this our Declaration and Protestation to all the world. January 1. 1648. FINIS.