»••»/. •' ^H ■ ■ ■ ■ ^HH 'fc H J J *5 § »gc / , J *►! "% o3 c *5 3 2 S 1-3 <5 U fc to « s £ -*- 1 -ck> O " iZ ** s Z3 2S H ^ O c j& « o •S •§ 1 -*•* ft o .t5> > ^ 0) <5 % % \** "o o CJ & >i *i V* g> * s^ is ///Hf A FLEA For the Commonalty of , L JA(JD 3^ OR, A Vindication of their Rights(which hath been long with-holden f romthem) in the choice of fundry City Officers. AS ALSO, A Juftification ofthe power ofthc Court Of Common- Councell, in the making of Ads, ' or By-Laws, for the good and profit ofthc Citizens, notwithftanding the Negative votes ofthe Lord Major and Aldermen. Being fullly proved by feverall Charters granted to this City, by fundry Rojsll Kings ©£ England, con- firmed by Ad of Parliament, and by Records witnefiing the particulars in the pra&ifc of them. In a Speech delivered in Cornrhon^counccll, on Munday the 24 th of February, 1644. By John B e l l a m 1 e . Thefecond Edition LONDON, Printed by geirge MUUr^ and arc to be fold at bis Houfc in BlackcFrjers. 1 64 ?% , TO THE RIGHT HONOURABLE The Lord Major, AND TO The Right Worfhipf till the Aldermen, and the reft of the Common-ccunceU of the City of LONDON. BJght Honourable, Kigbt JVorJh ; pfuti f Hat which lately I prefented in a Speech unto your eares, I now prefume in this little Manuall to put into your hands •, It neither then was, nor now is, any conceit I had 5 or have, of jmy own abilities (for I know my felfe the unmeeteft, becaufe the unableft, of many others,) that put me upon this taske-, But chat duty and fervice, which I owe unto A 3 this The Ef title Vedicatorie. this Court 5 and in it unto all the Commonal- ty of this City, made me to adventure my felfe (in the prefence of your Lordfhip, and the worthy Aldermen) to enter the lifts^and to put in this^i, for the defence of our Z/- I her ties, and vindicating of our rights and J? dues. And as fometiraes it falls out in a cafe of danger, when the loffe of all lies at flake, that the forwardneflfe of a young and unex- perienced Souldier, who perhaps is alfo more hardie then warie, yet loving his Countries liberty, adventures to begin the onfet,and thereby provokes and ftirs up Courage in the more grave and able Com- manders, to follow on in hope of victory - 7 So if now by my example, I may but en- courage fome of you,who are alfo with me members of this CcuncelMjk. which I know arefarre more able then my felfe) to im- prove your Parts and Abilities for the Common good, in ufing your beft endea- vours in this Courts for the pleading of our Caufe, and thereby the regaining of thofe Rights and Liberties, which by the Charters of our Gfty$ doe belong unto us 5 1 fhall then The EfiHle Dedicatorie. then be in good hope, that by the evidence of Truth and Reafon, all our Triviledgts and Immunities will be, as freely,fbalfb loving- ly, and confentingly granted to us 5 Which island ever fhallbe, the earneft defire and endeavourof him, who is and ever will be, Tour Lordfhips, and this Cities fervant, for the publike welfare of it. Iohn Bellamie, A 4 The The Froeme. IP on the 1 6 th of January lafi , made an humble Motion in the Common-ccuncell to the Lord Major and Aldermen, that one Jpeeiall meanes which I had oft ob fervedto obftrufl: the good procee* dings of that Court, might be removed, viz. Bis Lordfhips cauflng the SVcord to be taken up , and then going away , and fb dijfolving the Court, with- out the confent,yea againft the defres of the Major fart. The remedy I propofedfor theredrefe of this grievance, ^as this, that by the power of this Coun- celljhere might be a Law eflabli(hed,that the Court might not at any time be dij]olved 3 or ad)ourned,mth - out the confent of the Major part both ^/Aldermen and Commons in Common-cunfell affemble.d ; The ground upon which Itocke the humble boldneffe to make thatfo necejfary a motion, was from the ex- ample of that never too much to be admired wifdome andprudence of ;hofe Noble Peeres and Sages of this Kino dome, the Lords and Commons novo af- jembled in this present Parliament, who fee- ing the fade ffefts { almof to the ruine of this Natu m) that fell out by reafon of the fudien breakirig up ^Parliaments, did thereupon addre ft thswfelves, The Proeme. i With one eonfent unto his Ma jcfty , that he would be if leafed to pajfe an jttt, that this Parliament might not be dijfolved, prorogued or adjourned, without the eonfent of both Houfes of Parliament,/*^ had andobtainedthereunto : As Ico'tidnot in myjudg- f) went find out a fairer" Copie to write after in this my motion for the Citks fafety, then that nnpara- . Icldprattife ofthofe Lords and Cotnmom for the U Kingdomes fecurity : fo neither could I prefent a j better patterns then our Roy all Soveraigne, nor in j all his aBionSyfnce the diadem of this Kingdoms [ij adorned his Kingly head, could I find out one, U W/?/V£ in after ages mil beffeake him more truly J Royall, fl&*n f lw fo\r/i rafc&Y/ granting that their i fojufl a defirei lalfo upon the 24 of January,/*™- fecuted this my motion With fame prejfive argu- \ ments, hoping thereby to prevaile ; and they Were j /i^ ^ I found made ready to my handy by the mofi j folidfi and able ft judgements that this Nation hath, j riz. f/tf arguments which the Lords d»^ Com- j mons in Parliament, laid down before his Ma jefty ; (and Which Wrought his Royall content) you may j find them in the preface before the Atlfor the conm tinuance of this prefent Farliatnent, *U that wa* mine therein, W as only theparalelling of the (fondi- j tion of the Kingdom?, for Which they Were made, \ With the condition of the City, to Which I brought them, and applied them to the prefent cafe in hand ; and let m but change the tearmes of the Kingdome into City, W^arhamenvVtf* Common-conn- ed!, The Proemc. cell (Which is as it Were a City- Par liamentj and then the j Will almofl in every things a fully agree With our condition, as With the condition of the Kingdomc/ir Which they Were framed; the parti- culars I principally infixed upon Were thefe three; I. The raifing of monies for the \%$? ms \occafiom % a. The repayment of thofe monies fo raijid by the 1S£SS^h.| 3. Theredrejfe of the puMke grie- vances of the |ciTv s . dom ' I Now as the Parliament could not,fo the Comoion-counccll, cannot fo ful- ly With power and credit, either raife, or pay fuck monies as they (hall have occafion to ufe for thefcr- viceofthe |§§f*.| nor re ™ v ' the publike grie- vances of the \^ ofa >\ Without the power of conti- nuing together, and of not being dijfolved, t til they have fully effected that Which in thefe or any the lt{e particulars Jhallcome under their debate or confidt- ration, but feeing that neither fo faire aprefident, nor fo firceable arguments could then prevaile as Was defredj thereupon endeavoured ; Firft, by the Charters of our City, Secondly, by Records Wit- neffing our power in the praBiee of it ; and thirdly, by equity and reafon, to prove our Rights and dues, as in this following Plea, I have laid them down^and therein h* 1 644, My Lord, After Recorder having fully and faithfully reported the truth, in fliewing the little fuccefle, or good, that after three dayes de- bate hath beene done, in that Committee, which was appointed to ftate the queftion in controverfie, between the &4lder- men 'and Commoners, Members of this Court of Common-councell , and I being by this Court added to that Committee, thought it therfore my duty ( according to the beft of my abilities ) tp give an accompt to this Court, whom it chiefely concernes, how in my judge- ment I conceive the right and truth therein I . doth 2 A Plea for the doth ftand ; and for methods fake, I ftiall de- liver, what in this I have to fpcake, under thefe i three heads. Firft , That this City ( by thofe favours and bounties, which Vve and our predecejfours have received from fundry Royall Kings cf England) is now invented Vvith many excellent I immunities, fanchifes andpriviledges. Secondly, Who are the proper recipients of ] thofe favours, or to Vohom the power of ufing and maintaining thofe favours andpriviledges I granted to us by our Roy all Kings of EngLmd,is committed. Thirdly {The reafins or arguments, ftherfire thofe per (ons unto Whom this power is commit- ted, Jhould ear 'e filly and confcion ably maintain and ufe thofe priviledges, with which they are entrufied. For the proofe of the firft, I have a large and a pleafant field to walk in ; and truly I want both time to recount them all, they are fo ma- ny j and words to fet forth the worth of them they are fo excellent. When I throughly view them, I know not well whether J ihould more magnifie the grace and favour of thofe Royall Princes, in giving us fo many priviledges, or admire our own happi- neffe in the enjoyment of them. But J muft only doe in thefe, as men ufually doe in a curious Garden, pluck here a flower and Commomlty of London. $ tnd there an herb, which are moft pleafing to :heir fences, and moft ufefull for their fervice ; and when I have done the beft I can, I muft cave many behind me, for want of time and >kill rocolleftand improve them for thecom- non good : But my hope and defire is, that bme more able and skilful! hand, willfhortly it them forth in their ufe and luftre, before tour Lordjhip and this Court. I can no way caft my eye, but it beholds ma- iy witneffes of this truth ; for that we are here, ic this time in the capacity of a City counfeU, :ocon(ultupon, debate about, and determine >f, fuch things which doe or may concerne the :ommon good, this pleades, this proves our >riviledge: That Emblem of Authority, which re while was borne before jour Lor dfbip, and iow prefents it felfe within your view, isano- her argument to prove your power,and irrk the xnverof this Citj,whok head (uftder his Ma« efiy) your Lord/hip is. Very much hath been anciently written by nany Authors, in the praife and commenda- ion of London, but it hath been lately, as truly, jb fully fummed up together, by that learned -awyer S* Edward Cook^, fometime Recor- der of London, and after Lord Chiefi fnfiice of \Zngland,'m his fiurthpart oflnftirutes, p. 247. in thefe three expreffions • 1. Camera Re- |& a, ReUPublk*- Cor. 3% 'Tonus Regni Epitome^ 4 A Plea for thts Epitome. The Chamber of the King, the heart of the Common-wealth, the Epitome of the Whole Kingdome. But, mj Lord, I muft come to the proofe of thefe proofes, for it is not fufficient to (hew that we are thus, and that your Lordjbip is pof- feft of fuch a power, for this and more then this may be by ufurpation, and without war- rant ; But that which is my part to prove, is, .That your Lordjbip and this City, is inverted with a juft and a full power thus to be, and thus to doe> and that by the free and cleare grants of (undry rojaU Kings of England, manifefted in their feverall and refpe&ive Charters, which by their grace and favour they have granted to us. Thofe pleafant flowers and ufefull herbs, which I (hall now endeavour to prefent you with, are luch as will chiefely make a flouri- shing and a populous City to be truly happy. They are thefe two: Firft, To have the power to choofe our own chiefe Governowr, and fubordinate Officers a- mongft our felves. Secondly, To have alfo the power to make fuchLaws, which are or (hall be for our own wdfare,and beft accommodation, London was anciently governed, both be- fore theconqueft, in the time, of the conqueft, and for about iaoyeares after the conqueft, Which Commdnalty of London. 5 which was, un till the firft y care of -Richard the firft, by Port-graves,or Port-Gretves: Richard the firft, appointed the filfi Major cf London, which continued for about 24yeares, untiilthe 14 th yeare oi'King John ; And King John Wats the firft King of 'England ,that gave us the pow- er to choofe our chief G over nour, vi$5i the Ma- jor amongft our felves,as the words of the Char- ter in the x 6 yeare of his raigne,makes it plaine. The words are thefe. Know je that We have granted to our Ba- rons of our City of London, that they may choofe unto them/ "elves a Major ofthemfelves. And that Charter of Henry the third, in the 37 yeare of his raigne, gives us the like power,in theie words ; We grant alfo unto the faid Citizens, that thejmaj jearelj prefentto our Barons of the Exchequer, We or our Heires not beingat Weft- minfler, every Major which they Jhall choofe in the City of London, to the end they maybe by them admitted,as Major. And that Charter of Edward the fecond, in the 12 th of his raigne, confirmeth to us the fame power of choofing the Major, with this addition alfo, of choofing both the Sheriffs, I fay, of choofing not only one, but both the S 'he- riffs>znd that in thefe words j That the Major and Sheriffs of the City a- firefiid, may be chofen by the Citizens of the (arxe 6 A plea for thc^> (aipe City, according to the tenour of the Char* ters of our ^Progenitors, fometimes Kings of Bngland,to that end made j Et nullo alio rnodo. Which Charter, hath reference to the Char« ter of: King John, in the firft yeare of his raigne, in thefe words ; *s4nd further , We have granted to the Citi- zens of Lond&n, that they may make of them- [elves, Sheriffs, Vvhomfiever they will, and may remove themjtohen they ^toilL And the fame Charter of Edward the fe- cond,givesus(viz,. the Commonalty )thefowtr of choofing the Chamber laine, Common Clarke and common Serjeant > in thefe words; And that the Chamber lain, Common Clarke and Common Serjeant of the City afore -(aid, be chofen by the Commonalty of the fame City, and amoved at the plea fiire of the fame £ommonalty . The fame Charter, gives^ the choice of the M afters of the Way-honfe, to the Commonalty, in thefe words ; And that the Weights and Beames fir Weigh- ing of Merchandises betwixt Merchant and Merchant, Whereof the iff &es growing, and the knowledge oftiem, per mine to the Common nalty oftheCity afire-fatdremaine to be Itfpt at the Will of the fame Commonalty, in the cnftody of two good andjufficient men of iioefame City, expert in that office, to be hereunto chofen by the Commonalty afire-faid ; and that they be not in anj\\ Commonalty of London. 7 hny othermfe committed to any others, but to fuck tu {hallbefocbofen. And in the 22t h of Henry the eighth, this is granted to the Major .Commonalty and £iti**eni of London conjunftirrLj. . I might tire out my felfe, and wearc out Jrour patience, if I fhould readc all the feverall Charters, which gives the choke of many o- ther City Officers unto the Commonalty, as the Serjeants of the Chamber , the Offices of Tacking , garbling of Spices , Q augers and Meafurers, with many others,, but I will at prcfent forbeare, and goe on to the next, which is this : That this Citj is invefledWith poweP, to make fitch Lawes, Which are, or /hall be far our own WeU fare andbefi accommodation. That Charter of Edw. 3. in the 1 5 th yeare of his raigne, fully ckeres it in thefc words, We have granted further > for Vs and our Heires, and by this our prefent Charter confr* 4 med to the Major and Aldermen of the City a« *** I vr frfyw reafon Aldermen and Commonalty of the fit j of London, or to the Major and Commo- nalty of oar £Uy of London. Akrd here I cannot but remind yon of thofe Charters of Edward 1 the third, in the 1 5 th yeare of his raigne, where Hie Major and ^Aldermen, with the sflfent of 1 the Commonalty, ha\ethe powfr. as to expLme, \ fb to amend the old, or to rhake new Laws, for 'the common profit of the Citizens. And of that of Kingfofoiyin the ftrft yeare oifhis raigne, and of Sdward the fecond , and in the 12 th yeare of his raigne, where the foie p ower both to elect and to amove -the Sheriffes>\\\$ Chamber I'm, ths Common Clarke, and the Cothmon Serjeant, is wholly left to the yleafure of the Commonalty , without any reference to ttc Major and Ald*r- nun. Thus it is cleare, that the Commonalty have I by the Charters, an equall lhare with the Ma* for and *Aldtrmen in the Priviledgts granted to this City; and if there be any difference's there is,in the choice of feme City Officers^ the advan- tage is unto the Commons. The fecond particular in this fecond h&d/ \i this 5 B % B/ io A Plea \*r the By whom thefc Vriviledges have been ^5*- fed, I fhall endeavour to make this as cleerc as the former ; For as the power in the aforefaid Charter of Sdward the third, doth inablc the Major and Aldermen, with the affent of the Commonalty, to amend the old, or to make new Lawesy (6 iuitable thereunto are all our AEls of fimmon-councetl 9 wh\ch are our City L awes ;they are made as in the joynt names, fo by the joy nt power of the Mapr, Aldermen t and Commons in Common- councell affembled. Give me leave I pray, to inftance in a few particulars,which have been done by the power of this Court, fince I have had the happinetfe to fit as a Scholler in this Schoole, As upon the 4 th of CMarch,i6^i. The re- moving ofDepntj Alden from being a member of this Court. Upon the 5 th of Septemb. 1 642. The putting a Way of M r John Wild, from being Town Clarke cf this Citj. Upon the 1 8* h ofFcbr. 1 642. The expelling tXThomat Wifeman, the City Remembrancer out of his Office. Upon the 28 th of April, 1 £43 . The amoving of divers ssildermens Deputies, from their pla- ces cPDeputj-Jbip; And all this by the joynt and concurrent power and authority oftheL d Major, ^Aldermen and Commons in this Common- coun- ted sff:iiibled. And Commonalty of London. 1 1 And that all the determinative, binding And concluding power of this Court, is in the plura- lity of the votes of the Lord Major, aldermen, and Commons conjuntlim ; And that the Lord Major and Aldermen, have in this C ourt no more power of a negative voice, then as (ingle perfons, which every member of this Court hath as fully as they, if their judgements in the debate fway them to the negative ; And that the fiAldermen alone and by tbemfelves, cannot hold the negative agzinii the Commons affirma- tive • I prove thefc three wayes. Firft by pra&ice % Secondly by argument, Thirdly by equity and juftice. Firft, / Veilljhew by practice that it hath not teenfo. Secondly, / Vtill prove by argument that it cannot befo. Thirdly, I^illmakg it appear e, that in equity ! and juftice it ought not to be Jo. Firft,That it hath not been fo,I thus prove by pra&ice. Upon the 17 th of Tebr. 1641. A ^Petition was brought into this C 0Hrt > directed only to the Lord Major and Aldermen^ and becaufe it Was not dire&ed to the Lord Major \ Alderm men and Commons in C ommon ' CGUnce & affem* bled, this Court refufed to take any cogni- zance of it; But the then Lord Major , Sir Richard Cjumej, with the major part of the B 3 A Id* men 12 A Pleafer the Aldermen then prcfent, in that C om ** ** councell, would have the Court to admit ot that ^Petition ; and the Court refufing, for the reafbn sforefaid, the Lord Major and Aldermen (conceiving, as I fuppofe, that they (hould car- ry it by plurality of votes) would have the Court divided and numbred by the Pole, and {q it was done ; there was for the Petition, the Lord MaUr , 7 Aldermen, and 6 1 Com- womrs^ and againlt the "Petition y 5 Alder- wen , and 8 5 Qommoners , and thus the mem* bers of this Court, both Attermen and £W- tnoners being reckoned together by the Pole on both (ides, as members of this Court, the que- fiion was determined, the Petition reje&ed,and the power and authority of this Common- councell \ maintained. Secondly, That it cannot be fo, I thus prove by Argumennt. That Court which hath the power to make: a Law, and by that Law to conferre a power upon the Lord Major and Aldermen, whtth as Lord Major and Alderntn they bad not be- j fore, muft needs be quo ad hoc, as unto the ma- king of a Law above the Lord Major and Al-\ dermen: But this Court of Common-c*unceU\ hath the power to make a Law, and by that Law to conferre a power upon the Lord Major and Aldermen^ which as Lord Maior and Al- iermn they had not before. Therefore this Coure wmmonauy oj Mnaon. 13 Court of Common-comcell, fofarrcas unto the making of a Law, muft needs be above the Lord JMaior and Aldermen. That this Court hath the power to make a Law, and by that Law to conferre a power Upon the Lord Motor and Aldermen, which as Lord Maior and Aldermen they had not be- fore, I prove de fatlo, as appcares by an **4tt of Common-councell, made in the 6 th of Hen- ry the feventh , upon rhe i5 tl * of April 1 by .WJiich this Court conferred a power upon the Lord Maior and Aldermen, that at the ; eledion of the Chamberlain, the Lord Maior ,and Aldermen (hould prefent two men to the Commonalty , and the Commonalty to choofe one of them to be Chamberlain. And in the fame Aft ot Common-councell, this j CWf conferred a power upon- the Lord Mai or and Aldermen, that at the ele&ion of the Bridge i mafiers, the Lord -^/^r and Aldermen fhould prefent foure men to the Commonalty, and the j Commonalty to choofe two of them to be j Brittg-mdJtersJWhich power of prefenting two j men for the choice of Chamberlain^ and fbure j men for the choice of Bridg-mafters by the Lord ) Maior and Aldermen, they as Lord Maior and lAldermenhzd not before, jErgi, The Court of j Common-councell quo ad hoc, as unto the making j of a Law, muft needs be above the Lord Major : and Aldermen. B 4 2. Argu- 14 A Fled fir the 2. Argument. That Court which hath the power to make a Latv y and by that Law to take from the Lord Major and Aldermen, that power which be- fore was by a Law conferred upon them ,as Lord Maior and Aldermen , muft needs be, quo ad hoc, as unto the making of a Law above the Lord Maior and Aldermen ; But this Court cffimmon-ccuncett hath the power to make a Law, and by that Law to take from the Lord tJMaior and Aldermen that power, which by a Z^o* was formerly conferred upon them as Lord Maior and Aldermen^Xhzx^oxz this Court of Common-councellmyxQi needs be quo ad hoc > as unto the making of a Law above the Lord Maior and Aldermen. That this Court of Common- counceU hath the power tp make a£, and by that Z<*wto take from the Lord Maior and Aldermen that power which formerly was by a Law conferr'd upon this m as Lord Maior and Aldermen. I prove as before defatlo, as appeares by an Aft of Common* conncell , made the 21 th of £«**» I £4 j* by which this Court repealed the for- mer A<5ief Comtnon-counceil or Henry the fe- ven *>, atod fo took away that power from the Lord ji/4*<5r and Aldermen, which before was by that Z*» conferred upon them , as Lord Maior and Aldermen, and fofctled the choice j^i Chamber lain and e Bridge~mafters in /?**$ quo friut ; Therefore this Court of Common* { coumced, quo ad hoc, as unto the making of a i Z**,muft needs be above the Lord UMaior and :« Aldermen. 3. Argument. ', If the Court of £0«jwtf-c0#0r*#fo farre as unto the making of Lawes be above the Lord t Motor and Aldermen, then the Lord UWaior 3 and Aldermen can have no negative voice -, i as Lord CMaior and Aldermen, fo as to hin- 1 der the Court of Common- counce/l from ma- king of a Law, but the Court of Common* councell, fo farre as unto the making of Lawes, 1 is above the Lord Maior and Aldermen ; there- ' fore the Lord Maior and Aldermen, as Lord Maior and Aldermen can have no negative voice \ fo as to hinder the Court of Common-cotmccll from making of a Law. That the Court of Common- councell fb farre ! as unto the making of Lawes, is above the Lord Maior and Aldermen, the two former argu- ments fully prove, therefore the conclusion ftands firme upon its true foundation, viz, That the Lord Maior and Aldermen, as Lord Maior and Aldermen, can have no negative voice, fo as to hinder the Court of C* mmon - com cfH from £iakingofaZ*w % Thirdly, That it ought not to be fo, I prove by equity and juftice. The ^Aldermen are but in number ?6. the Qomrfiontrs in this Court about i$ 'Afkdfir the about a 30. in perfon, and in reprefentation ma- ny thoufands. Now if there ftiould be a power of a Negative voice, in 26. fingle perfons, Mm* hers of this Court j and they thereby have the power to hinder the pafling of a Law> which up* on ferioas and folemne debate, hath been upon good grounds affirmed unto , and deiircd by fo great a number (and that for the common good and welfare of the Citizen* of this C il j) every one of which greater number, being as fully interefled in the good or eviil that may come by the pafling or not pafilog of the Law in qucftion, as any of the 26. aAldcrmen are 5 O then how many, and how great advanta- ges may we fee before us, which being by the pafling of a Law obtained might make x\%hap- pie. And on the other fide, how many pref- fiveandunfupportable evils may we fee ready to fwallow us up ; and for want of power to paifi a Law to prevent them, will make us ir- recoverably miferable ; and yet we muft all fit ftill and figb, with our fingers in our eyes, and mourn and die for the meere will and plea- fur e fake of 26. fingle perfons, nay of feven per- fons, for thirteen Aldermen make a Court, and feven ofthem being the greater number of thirteen have the power of the C onrt * an( * ^° the power of a negative vote, to hinder the pafling of an *A& in Common* Comcell} If this be granted j into what a remedileiTe way commomiue of London. 17 tvay of mine may we fall, as in the cafe of S r Richard Gourney, in (landing out againft the juft defires , yea commands of Parlia- ment* And thus, I have, I hope fully and clearly proved, both by Charters andbypra£life,that the Lord Major, ^Aldermen and Commonal- ty c on j tin Him, and not either alone, as fepara- ted or disjunct from the other,are the proper re- cipients of thofe£r either put or keepe a«| funder. The fecond Anfwer I give to this Objeftion is this. That this fowe r hath either been given from the Commonalty by their own conien r , or els taken away from them by usurpation : it by u- furpation, then it behoves this Court, the only representative body of this Citj> to ufe all good means to regain what hath been fo long unjuftly taken from them. Butifgivenawayby confent, as I will not deny , but our fore-fathers in their times^i might be perlwaded upon fpecious (hews and ! Faire pretences, and peradventu.e in their flfti fteeme upon folid reafons, to make over a part of their power, into the hands of the Lord Major and Aldermen y who knew better fot their own advantage, how to ufe it, then they to keepe it, yet I hope, if reafon and full caufe require , the power of this CounceU mayre-affume it againe into the hands of the Commonalty, as it did m the like cafe npoir the 2i.of 70*1,1643. re-aflumetheiole power- of cboojing the Chamber laine "and Bridge* <\ makers into the hands of the faid Common naltie. I come no\y to the third ar\d laft head L am,: to commonalty oj i^onaon. at i to fpcake to, viz.. The reafons or arguments, wherefore thofe perfons unto whom this pow- er is committed, fhould carefully and confcio- nably, maintain and ufe thofe pnviledges with r which they are entrufted : J will infift only up- on two arguments to prefle this. Firft, from that dammage and loffe, which our Predeccflours have under-gone for mlf- siifing and mn-nfage of thofe Friv Hedges and ^Immunities, which by the favour and bounty ! : of former Princes have beene beftowed on them. Secondly, from that obligation of a facred , Oath, by which we all as free-men of this City ( ftand bound for to maintain them. Theomiilion and mif ufage of Priviledges, ,!, have been exceeding detrimentall to our Pre- deceffours, and may be of as dangerous a con- sequence unco us ; but before I profecute this < Argument, give me leave to acquaint you, how carefull one of the Kings of England was ; to preferve this City from loffeand danger in 1 1 this refped. I reade that Edward the third, in the firft yeare of his raigne, made provifion for this City , that our Liberties fhould not be feized into the hands of the .King fox any perfo- inall Trefpafle, of any one minifter of Juftice in Ithis City, but did ordain that fuch a minifter of Juftice (hould be puniftied according as the qua- lity of his Trefpafle (hould require* i Bnt %i A Plea for the But if the City it felfe (which is only re prefentedinthis Court ) (hall (b farre under value , or flight the grace and favour of ou, Roy all Princes, as not to ufe or to mifufe fucf Grants and Priviledges, as they are pleafed ir their bounties to inveft us with, then as this negled: , and non-ulage , or mif-ufage of our Priviledgcs,hath made our Predeceffours to pay deare for it : Sc^we may alfo mourne under the loffe of it, and (mart for it : For in the fame Mdrvard the 3.daies,in the 15. year of his raign, itcoft this City 1000. marks, fox not fully ufing thofefree Cuftomes and Liberties, which had been formerly granted to them : where obferve that it is not f urficient to ufe fome of our free | Cuftomes and Liberties, but we muft ufe them all,yea and fully ufe them in that way and man-' ner, as in which they were granted to us by our Charters ,&te as then,fonow, the non-ulage, or mifufageof them, may occafion a muid or fine to be impofed on us. For there is no man that is any whit conver- fant inour CVY7 (^barters, but can ealily and truly teftifie* that not once or twice, but 10. if not 20. times, this City hath been forced to tececiveapr^hip zndfeourge of the City of C London, 24 A ?k* fi r the London, GoA keep us from the like whip againei kaft it fetch lifers well as bloud from us. j t was to enquire ( I will give it you in the words of the Record) of all and ftngular er- rors, defiEls and mijpritions in our City oj London , fir ^cant of good Government of the Majors, Sheriffs and ayfldermen of the fame City. And as there doth not now, fo it feemes there did not then want informers, for the then Major, ^Aldermen and Sheriffs, were convi- cted and adjudged to pay for their firft default a icoo Marks, for the 2 d 2000 Marks, and for the third,tfe liberties of the City were taken into the hands of the King, and did there re- main, untiil by the mediation and interceflion of the Jfyften, a pardon was procured,and their Priviledges reftored. My apthor tells me not what this Mediation cf the Queen coft this City, but we may well think the pardon came not oft at a low rate, 111 clofe fhis with a good ltffon I long fince learnt, Foelix quern faciunt aliena fericuUcautuwu, Happy are they whom other mens harms, doe make to beware. Thefecond Argument is from the obligation pfafacredO^/?, by which we all as free-men of this City, ftand bound to maintain all the Li? iter ties and Franchises thereof. Sacred ' ? Commonalty of London. ** Sacred Oaths I conceive may admit of a two- fold diftin&ion. A* I. zAftertorie. N 2. 'Tromifforte. 1 am only co fpeakeof thefecond, and of it! *t but three things ; and of thofe almolt in as few u - words : As & I. The Antiquity of it. ft 2 . The Authority of it. 3. The Obligatorines or binding power fclbf it. d For the Antiquity ok it, I find it as ancient. ft as Abraham, and the Authority of it from C «r MJumfelfe* bochthele in (7*77.32.16,17. By my ^ felfe have I [worn, faith the Lord> that in blef* r- The Obligatorines or binding power of it, is ^alfofrom GWhimlelfe, Numb. 30.1,2. This is % the thing Vvhick the Lord hath commanded ; »! If a man fivearcan Oath to bind his (oule with ■* a bond, he Jball net break* his Word, hejhall doe according to all that proceedeth out of his j mouth. And if any maa dare doe ocherwi(e,<7^ himfeife will like Wife be afwift rritnejfe against i him fir it. And chat we are all bound by Oath to main- i tain the City Liberties, this clauie in a Free- ly mans Oath (viz. The franchifes and cuftomrs "of this City you fhatl mtintnine ) dosh fully prove. C % I 16 A flu for the I have now gone throagh all I propofed to my felfe, and I hope fully proved every parti- cular. Give me leave, J befeech ycu,to clofeallas S c Paul did to Philemon in the eafe of Qnefi- ww, .Though I might enjojne thee that ^hich is* convenient , yet for loves fake I rather intreat thee. So J, though we might require our rights of your Lordjhip and thofe worthy Aldermen* as that which is our dues, by the City Charm ters\ yet for love fake we rather become filters to your Lordjhip , and all your Affociates, thofe grave Senatours, the worthy Aldermen ; And dee zs for love, fo for pace fake alfo , in- treat you to joync with us, by your confent and afliftancc to fettle them all aright upon their owne2?d/£r, that fo we may be in fuch a con- dition, as upon every emergent occafionto be able, by the blefling of God, to be fafc within our felves , and ferviccable in our places unto King and Parliament. I could in this way of fupplication to your Lordfhip even weep out my own eyes, yea let out my owncbowells, could J but thereby pe- netrate into the breads ©f your Lordjhip , and thofe worthy Aldermen , to draw fome com- pafllon from you in this very nick of time to helpe to fave a finking City, if not a dying Kingdome* Is it hot the enemies max : me, Ttu vid c Commonalty of London. 27 vlde&impera, divide and rule; and hath not Divifion already proved too deUruftive to us ; and is there any mcancs under heaven, fo hopefullfor our help, as Unity and Concord: Hath not that God, who is the Godot Vnity, made us One? Hath not the C haYt€rs °* °ur City made us One? and doth not the Conftitu- tions of this Court make us one entire Corn- ell ? and yet fhall we who are thus made one by this three-fold bond breakc in two, and runne toruine ? O my Lord % J want words to cxpreflc my forrow, we who arc the C omm ^ nS ftani with our ftretched out Armcs, ready to imbrace your Lord/hip, and all thofe worthy Aldermen in the neareft and firmeft bond of Vmtyand Love; looke not upon uslbefeech you with a difpleafing countenance, but afford us the like mutuall imbraces; difdaiae us not (though below you) for we arc as your flefh and your bones, If therefore there be any confola- tion in Christ : , if any comfort of love 9 if any fellovpfiip of the Spirit, if any bowels ef mer- cies, in you, grant our juft defires, and in love and peace fettle and eftatc us in our rights and dues, and be of the fame mind with us, having the fame love to us, for O how good and plea- font it U for bretheren to dwell together in V- nitie. I might further preffe this by a threefold ar- gument ; As I. Thj$ aS A Plea for the 1. That as you are the head and Governors efthisflty. 2. That as j oh are bound by fever all f acred' Oathes. 3» That as you tender the welfare and li- bertie of your pofterities, You ought to doc it. But I'll forbeare, hoping that a word to the wife will be Efficient, and (but up all with the relation of a City Hiftone upon Record, which I befeech you fcrioufly to confider of, and make fuch an application of it to your felves, as in your wifdomes (hall feera moft meet unto you. In Anno 1385J. William Vennor Major , and John Walcut and John Lony Sheriffes 9 with the then Aldermen , who all by name in their order Hand blemijht upon Record, That for the Srrours , defetts and mifpritions in their 1 (government , they Were fined at 3000, marks, and the City Liberties feizjed on by the King. Can you imagine that every or any water of aquafortis, will wafh of or weare away this their obloquie and reproach, Abundans cautela mnnocct, Very much cautioufnes will no way hurt you. Confider on the other fide, that the wifeft of Kings, fpoke very wifely, when he f ad, A oood name is rather to be chofen then great rU ches , and that it is better then a precious oint<* ; went. And wi!l it not be fo to you, when for ycur-Ionglafungfame and glory, itrcay (land upcrt Commonalty of London. lg upon Record to aher ages, when we are dead and gone , That in ^Anno 1644. when the Right Honourable Thomas <±Atkin was Lord Ulfajor> the right Worfhipf ull William Gibbs and Richard Chambers were Shrieves, and that learned and able Lawyer and Patriot of hfe Countries liberty John Gljn was Recorder, and fuch and fuch worthy Knights and Gentle- men, reading you all according to your degrees by name, were Aldermen : That then by your afliftance and confenr, London, 1 fay, the C om- monalty of London, wasrellored to their long loft Liberties and Priviledges. Confider what I fay, and the Lord give you underftanding in all things. 4? IN IS. »* HPfffiiluKRnH *3B *£. ^^H