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II. As to the having, electing, making, and king John, by his letters patents under the

quam per nomen civium London.' And that constituting Sheriff's of London and Middlesex, they plead,

great seal of England, in court produced, dated

5th Julii, anno regni sui primo, granted to the That they are, and time out of mind were, a citizens of London, that they should have the body politic and corporate, as well by the name electing, making, and constituting sheriffs of of Mayor and Commonalty, and Citizens, London and Middlesex imperpetuum. enough, if I had gone about to have gathered gar. It is the part therefore of indifferent times all the particular cases, with their circum- to take things right, and defer nothing to the stances, which would have made a just volume, prejudices, that faction, to justify themselves

, to be wished for rather than expected. But would cast upon their betters, - specially in the the author, whom I am obliged to wait upon, way bere before us, by setting up a tool of a hath thought fit to touch only the case of Lon- writer to metamorphose the libels of the time don upon the Quo Warranto prosecuted against into what he calls Complete History: that great city ; and I shall join issue with him “ As for the forms of the proceeding against there, and consent that the justice of the pro- the city of London, and the matters of law ceeding, and the honesty of his account, shall argued pro and con, with the judges final sesbe determined according to the state of that. tence that the corporation of the city be seized This great city was among the earliest that into the king's hands; the whole is at large in were questioned at law for forfeiture; and I print in a tolio volume, being a famous lawshall venture to say with mure of reason than case which every one may study that is so dis. any other in England. For what, in the name posed. Therefore I shall not make any formal of justice, had the government to do when report of it, but touch the principal matters in an Ignoramus was mounted in Cathedra, and there historical way only. And first, as to the law, was a declared stop put to all state criminal upon which the process was grounded ; which law, to say nothing of the ordinary and civil was that all franchises whatever, derived from course, and how factiously partial it was carried the crown, are forfeited by abuser; than which on in London and Middlesex? It was indeed nothing is more trite in the law books, but a dangerous case to the public, and, in other more especially such as concern the conservatimes, had probably introduced precedents of tion of the peace and justice. Then, that the authority and prerogative that would have corporation was a franchise derived from the lasted longer than that law-suit did. Il ac- crown, and, for every unlawful act done by the tions give colour to mischievous precedents ; body, was seisable, for the abuser, as forteited. and there are scurvy máxims, as : omnia dat So was the law taken to be: As for the fact, it

qui justa negat; quod remedio destituitur ipsa appeared the corporation bad done diverse un• re valet,' and the like. Some governments lawful facts; and, about the time, there was a have resorted to force, and justified it upon the paper handed to and fro, that contained ten or bare pretence of less than was true here. The twelve mis-feasances, which were presamed city of London and county of Middlesex, re- would amount to a forfeiture : But not all with specting the safety of the government, as it equal clearness : for some admitted of dispute. should be guarded by law, is of the last conse- As, for instance, this, that they permitted and quence to the crown ; because the govern- did not suppress the outrageous tumults in the ment resides there, and all its enemies gather city. For the corporation, being entrusted by about it. It is an unparalleled error of politics their magistrates to preserve peace in the city, in the people, when they think to deprive their ought not to suffer tumults, but to suppress and government of the power of punishing capital punish them ; which they did not so much as offences by law, and no less when such course endeavour to do. But then the counsel for the is taken to discourage it by popular miscon- city might have stood upon it, that that structions and calumnies, as it was scandalous- was the fault of the magistrates, and not of the ly done in this instance, and, by the author, body, and that they, in their persons, ought to reiterated; I hope there will never be known be punished for their fault, and not the corpo. the like folly. I desire to ask the most dis- rate-body. To prevent all colour of chicane satisfied person, when wrong is done, what is upon such accounts, care was taken to select the course, going to law, compulsion, or fignt- two facts, to be assigned for forfeiture, which ing? And, presuming the answer, I ask were unquestionably unlawful, and indubitably farther, whether, after the sovereign and his the proper acts of the corporation. authority were so outrageously insulted, was “ The first of these was a petition of the city, it not an instance of a just and gracious govern- framed and ordered by the common council, to ment to decline the use of power upon the the king for sitting of the parliament. lu reason of necessity, and resort to the law before which they accuse the king directly of misgujudges sworn, and to pursue it in all the forms vernment, and stopping the public justice of the of process and special pleading ? Government is nation, with other abominable reflecting exin a very hard case it, having both right and pressions; all which in full form the common power, it may not make use of either. It hath council ordered to be printed; and it was posta ridiculous phiz, like the fable of the old man, ed up in the carfours and public places of resort his ass, and a boy, before the inconsistible vul- in the city; which was a publication with a


Then they plead this liberty and franchise to the mayor and commonalty, and citizens of confirmed to them by all the aforementioned the city of London, That the mayor and alder-statutes and charters, ac co warranto they men of London, such of them as had been claim to make and constitute sheriffs.

mayors, should be justices of the peace, and III. As to the Mayors and Aldermen being to be justices, and hold sessions.

should hold sessions, et co warranto they claim Justices of the Peace, and holding Sessions, they plead,

Respons. That the city is, and time out of mind was, an ancient city and county, and the citizens a To this Plea thé Attorney General replies. body politic.

And as to the Mayor and Commonalty, and That king Charles the First, by his letters Citizens of London, being a Body Politic and patents, dated 18th October, 14 Car. 1, granted Corporate, witness. The other forfeiture was by like And, accordingly, time was given to the counorder raising money upon the king's subjects sel, term after term, and solemn prolix argucoming to the public markets, at rates as they ments heard twice; and then after a consiwere pleased to tax; which markets are free derable time past, the court gave judgment for all people, and may not be turned into a for the king ; that the franchises should be fund of revenue at the pleasure of the corpora- seized into the king's hands. All wbich mattion. These forfeitures were no peccadillo ters are punctually, as to times and circumtrifies; but small or great alters not the case, stances, published in the print; therefore I for it is not value, but legality makes the ques- refer to them, being not in my scope, which is tion: For the least unlawful act is a forfeiture chiefly to explain so much as may dissolve the as truly as the greatest. It was enough if author's sophistical libel. And that will rethose facts, that were asssigned, would not quire some material passages to be more paradmit of any colourable dispute. The cause ticularly related. depended a long time upon the forms of special “ And first, as to the defence, I did not find pleading, in order to come to proper issues, that the city counsel insisted on any thing mawhether to the court by demurrer or to the terially, that went to the whole case, but only county for trial ; and of all the several pleas, this, viz. That a corporation was immortal, and bars, rejoinders, rebutters, surrebutters, &c. dissolvable only by the act of God, as by the the public were made judges by the favour of natural deaths of all the members. But, as to the press that sent them forth in the very the particular facts, they said the common wards, and an English translation annexed; council were but the city's deputies, and a which jargon was conned over by the common principal is not punishable for crimes of his people with wonderful seriousness. There deputy; so they might commit any misdemeanwas to be seen the whole fabric of Oates's nors, and the city be not the least affected by plot, and the cases of the criminals, particularly it

. And, as to their markets, they had a the five lords in the Tower under impeachment, custom to make by-laws, and the common ready for trial when the parliament should council taxed the market folks by way of bymeet, which was pleaded in justification of the law. This was the marrow of their defence; libellous petition : What could resist that pow. but it is spread very thin, and, in the arguerful charm ? The learned counsel could plead ments, larded with a world of quotations, in in form a justification of a scandal upon the which the other side were not wanting. For king posted in print, that knew by law no jus- the counsel for the king at large insisted that a tification can be pleaded even in a case of Scan- corporation is a franchise, and, in all the books dalum Magnatum against a peer. And when and Quo Warranto cases, passeth under that the law says expressly that the king can do no title; and whatever it is, it is capable of no wrong, how comes it to be lawful or tolerable amendment but seizure. It must be lawless or to accuse him for baving done it? But where seizable; and, for the notion of immortality, faction has to do, everything must give way; it is a chimera of invention, absolutely a and all, that is for them, is regular and just, stranger to the law and the law-books. That and nothing else.

the common council was the representative "In fine the counsel for the city did not body of the city Corporaliter Congregati, think fit to deny the facts assigned for the for- and the only means by which the city, as a feiture, whereby issue might have been joined, corporation, can act extraordinarily to bind and a trial had to prove them. But, in the themselves and all the members. And, as for course of the especial pleading, the facts were by-laws, grant all they say, they can extend confessed by insisting to the court that the same no farther than to conclude their own members, did not amount to a forfeiture ; and in fine, the but not to tax the people of England for coming issue was joined to the court by way of demúr- amongst them on their lawful occasions. But rer, which admitting the facts to be true, for- as it happens in all great cases, where reason feiture

, or not, was the only question. This and justice is wanted, a face of assurance is the much shortened the cause ; for nothing was to Succedaneum ; so here, there could be no law be done by the court but to hear arguments, so plain as to convince a party that the city was and, after consideration, to give judgment in the wrong in any thing, because they were

But there was


First takes issue, that they never were a , and corporate, and by reason thereof to have body corporate, and for this puts himself upon power and authority to convocate and asserthe country. And then goes over and pleads. ble, and make laws and ordinances, not caa

That the mayor, communalty, and citizens, trary to the laws of the kingdom, for the better assuming upon themselves to be a body politic government of the city and citizens, and is resolved, right or wrong, it should not be therefore the wisest citizens were passire, add so; and if they had credit with the vul- | let matters drive; they themselves going my gar, or members sufficient to sustain a cla- wbit faster than the common berd. But, after mour, it was the same thing, in their judgment pronounced, the common couch account, as if they were in the right. And thouglat fit to agree that an humble peitica they by their multifarious inventing, and should be presented to the king. It was colying, communicated, after the manner of ceived in general terins, begging his majesty's their policy, to all people, and in all places pardon and favour to the distressed city tbt where they had any access by party, they went lord-mayor, with the aldermen, waited upon a great way to possess all people that this pro- the king with the petition, and humbly presentceeding against London was a tyrannous pro- ed it to him at Windsor. And thereupon the ject of the court: And if the occasion, or rather Lord Keeper North signified his majesty's necessity of it, had not been most evident be- pleasure to them in a solemn speech, which fore the eyes of all men, they had made very states the condition of tbe whole atfair, wil ill use of it as to consequences.

the reasons, better than I can pretend to e then enough of the church and loyal party in and as shortly as it can well ie expressed; full credit at that time, especially citizens, to therefore, although it is in print more than stem that orage of faction. But yet the im- once, I shall subjoin it verbatim as it was see pressions were not slight; for nothing is so de- June 18, 1633. And this I am more inclined ceitful as popular opinions of the vulgar in to do, because our author and I are to have popular matters; and there is nothing so fond some sbarp words about it. in them, which, more or less, is not found “« My Lord Mayor; I am, by the king's in some persons of quality and literature emi- command, to tell you, that he bath considered nent in their time, of whom one would expect the humble petition of the city of London,

• where so many of the present magistrates, and “ It is not to be imagined that the king in- other eminent citizens, are of undoubted tended the least harm to the city itself by this loyalty and affection to his service, that, fue judgment; and most of the citizens of credit * their sakes, his majesty will shew the city all were thereof satisfied, and ready to have trust- • the favour they can reasonably desire. It was ed the king; and they were in the right, for very long before bis majesty took a resolution the king deceived them in nothing, as will to question their chaiter; it was not the sediapear. In the first place, care was had of the * tious discourses in coffee-houses, the treasoncity that the judgment, pronounced upon the able pamphlets and libels daily published and Quo Warranto, should not be entered upon the dispersed thence into all parts of the kingdom, record of the plea, till his majesty's pleasure the outrageous tumults in the streets, nor the should be farther known. This was for cau- • affronts of his courts of justice could make tion, lest some customs or duties, that depend-bim do it. His majesty had patience till dised on the corporate capacity, might fall and orders were grown to that height, that nothing not revive upon a regrant. And it also gave • legs seemed to be designed than a ruin to the the city time to advise among themselves about government both in church and state. For renewing their charter, as might be done with the factious party were not content with the contirmation of the old, and grant of some new practice of these insolences, but endeavoured privileges. But, as to the governing part, and to have them publicly countenanced by the the law, the king required some regulations magistrates, and, for that end, in all elections, should be made, for obviating the recrudes- they stickled to choose the most disaffected cence, of those Ignoramus abuses, for the into offices, and carried themselves with that future, that had been so scandalous before. · heat and violence, that it was a terror to all And people were generally satisfied it had been • sober and discreet citizens; and the city was their wisest course to have done it out of hand, so unbappily divided into parties, that there lest somewhat might have happened in the in- • was no likelihood it could return into order

, so terim to their prejudice which they might not long as the factions retained any hopes of prodream of. But matters of this nature, in their curing the elections of magistrates of their own proper times, are so nice that they do not admit party, for their impunity. It was high time of a wise interposition of particular persons of to put a stop to this growing evil; this made the body; for if it be the interest of a party to

it necessary for bis majesty to enquire inte be so liable to misconstruction, and to be de- his power to make a regulation sutticient famed with ill language, as the most prudent restore the city to its former good government propositions, tending that way, will be. It is • It was not for the punishment, but merely ho new nor strange thing, in great cities, for m to be made uppopular and infamous ; course, and now he hath obtained judgment

• for the good of the city that the king took this

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preserving the king's peace-Under colour dom reposed, assumed an unlawful and unjust and pretext thereof, hut respecting only their authority to levy money upon the king's subo private gain and profit, and against the trust jects, to their own proper use, by colour of in a body corporate by the laws of this king-laws and ordinances by ihem de facto ordained - in a Quo Warranto, it is not his intention to and if the court shall disapprove such second prejudice them either in their properties or

* choice, they may appoint in their room. customs. Nay, lest the entry of the judg

“*7. The justices of the peace to be by the ment upon record might have fatal conse- king's commission, which bis majesty will

quence to them, his majesty was so tender of grant according to the usual method, unless them, that he caused Mr. Attorney to forbear upon extraordinary occasions, when his ma* the same at present, that the city might have jesty shall think it necessary for his service. thine to consider their condition.

“i These matters are to be settled in such " " My lord; I must needs say the city hath manner, as shall be approved by his majesty's * not been so well advised to defer their applica- attorney and solicitor general and counsel

• learned in the law. * tion to his majesty so long, even till the court

hath pronounced judgment; it had been done " My Lord Mayor; These regulations being * with a much better grace if it had been more made, his majesty will not only pardon the

early. His majesty's affection for the city is prosecution, but confirm the Charter in such too great to reject their suit for that cause. manner as may be consistent with them.

But, for that reason, you will have less time, " • The city ought to look upon this as a great * to deliberate upon the particulars the king

• condescension on bis majesty's part, it being doth require of you : And indeed there wili . but in the nature of a reservation of a small be little need of deliberation ; for bis majesty part of what is already in his power by thé hath resolved to make the alterations as few judgment, and of those things which conduce

and as easy, as may be consistent with the as much to their own good and quiet as to his good government of the city, and peace of service. If the city should look upon it with the kingdom.

another eye, and neglect a speedy compliance, ** His majesty requires your submission to yet bis majesty bath done his part, and dethese regulations :

nonstrated bis affection to the city by giving “1. Í'hat no lord mayor, sheriff, recorder,

them this opportunity. And if there shall be common serjeant, town-clerk, or coroner of any heavy consequence of this judgment, the city of London, or steward of the borough which it will behove you well to consider, the of Southwark, shall be capable of, or be ad

· fault will lie at their door in whose power it mitted to the exercise of their respective

' now is to bring this matter to an happy conoffices, before his majesty shall have approved

clusion. them under his sign manual.

My Lord Mayor; The term draws near ** 2. That if bis majesty shall disapprove dhe an end, and Midsummer-day is at hand, when choice of any person to be lord mayor, and

some of the officers use to be chosen, whereot signify the same, under his sign manual to

his majesty will reserve the approbation ; the lord mayor, or in default of a lord mayor,

• therefore it is his majesty's pleasure that you ' to the recorder or senior alderman, the city

• return to the city and consult the common * shall within one week proceed to a new choice;

* council, that he may speedily know your reand if his majesty shall in like manner dis

solution hereupon, and accordingly give his approve the second choice, biş majesty may,

• directions. That you may see the king is * if he so please, nominate a person to be lord

. in earnest, and the matter is not capable of mayor for the ensuing year.

delay, I am commanded to let you know "i 3. If his majesty shall in like manner dis

* that he hath given order to his attorney geapprove the persons chosen to be sheriffs, or

neral to enter up judgment on Saturday next, • either of them, his majesty may appoint per

* unless you prevent it by your compliance in sons to be sheriffs for the ensuing year by all these particulars. * commission if he so please.

“ The whole speech thus lying open before * * 4. Nevertheless the election of these offi- us, I shall demonstrate that the author bath cers may be according to the ancient usages of most disingenuously and shamefully, not only the city with these restrictions.

left out but perverted to libel his majesty's " " 5. The lord mayor and court of aldermen most gracious regards for the good and welfare may, with leave of his niajesty, displace any

of the city, by observing some matters ; and alderman, recorder, common serjeant, town- first his note upon what

was declared at pro* clerk, coroner of the said city, and steward of nouncing the judgment, that by the king's spe

cial order, the judgment was not to be entered ** 6. Upon any election of any alderman, if till farther order. Now, says he, this was geany of the persons, that shail be presented to nerally looked

upon to make the citizens resign * the court of aldermen by the ward, shall be their own liberties, instead of being condemned adjudged unfit: úpon such declaration by to a deprivation of them. Here is poison ga. the said court, the ward shall proceeil to the thered from a flower, that is construing a grachoice of other persons in the room of such, cious tenderness, which I can affirm knowfor so many of them as ate“ so disapproved, ingly to be truly and really such, to be a tops

the said borough.

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or established ; and in prosecution and execu- made, constituted, and published a certain law, tion of such illegal and unjust power and au- by them de facto enacted, for the levying of thority by them usurped, 17th of September, several sums of money of all the king's sub26 Car. 2, in their common council assembled, jects, coming to the public markets within the cberous wiles; and without the least symptom of very next, that is No 4, shews that the elesevidence to prove what he says. "It is both tions were left to the common usages of the foolish and false : For the condemnation was city. And the rest shews the dispositen perfect by the judgment pronounced ; but touching the lord mayor and aldermen's authe consequences of the judgment, recorded, thority in the placing of officers of an inferier concerned only the city, and not the king : rank. In short, the king reserved only an apNay, the king, and also the people in general, probation of those officers that are named N° 1, might have gained by either a devolution or which he might, if he saw cause, reject, if the extinction of some payments, whereof the city, or a prevailing faction there, should, as right discontinued, but an hour, were irrecove- formerly they had done, choose men who were rably lost to the city. And the care of those the declared enemies of his person, authority and that it might be in his majesty's power en- and government. And if it be said, would not tirely to redintegrate the city, whose diminu- this be to impose officers upon the city ardition in any thing he did not desire, they be trarily? I answer, would it not be otherwise having themselves dutifully, was the true rea- worse, for a faction in the city to impose offison of the suspension. And this piece of ma- cers upon the crown arbitrarily? But suppose lice is screened under . it was looked upon,' that it to be the city itself, and not only, as here it is by such as saw with libellous spectacles, was, a faction ; if it must be one or other, I that tincted all objects according to their colour. desire to know whose trust is greatest? The

" Then he has left out all the introductory king's or their's? And on which side the impart of the speech, which shews the necessity, posing ought to fall ? On the governors or the integrity, and good will of the king in bis pro- cities, that, like the rest of England (whose ceeding : But one must excuse him, for that county sheriffs are nominated by the king) are was none of his business. But he finds ano- to be governed ? Whatever trust is reposed in ther reason for the suspension. Thus he bro- them, is for the sake of government, which s kenly states it in words of the speech. “That' the trust of the crown so far delegated to though the king liad obtained judgment,' them ; and then, if one must have power

it was not bis intent to prejudice them in their impose, the principle or delegate, which ought properties or customs.' The malicious tendency in common reason and decency to be? And it of this sentence is not obvious; but it consists is to be noted that all the offices, subject to in this, that the king knew the judgment itself this approbation, are those that belong to go was a prejudice, that is a wrong, to the city in vernment. Other offices, that belong to the their properties and customs. We are, by his city revenues and private economy, as the text, to understand the matter so, although no- chamberlain, sword-bearer, &c. are all left thing can be more alien in sense, than that is, free and untouched; but no notice is by our to the purport of the speech. But the meta- author taken of that part of the speech. And morphosiş is dexterously made, by a petit alte- as to imposing, which the factious talkers se ration of the word “though' put in the place of much exaggerated, there was nothing but a • pow. Which ought to be well attended to ; | Republican cant in it, that carries all things to for the now,' as it is in the speech, looks for- extremity ; such as ages upon ages may ward, and casts the reference from the judg- produce; whereas the evil to be cured is frement upon the consequences : That is, the king quent, and now Aagrant. It is to be consiis possessed, but is willing to quit all to them dered that the crown, for reasons apparent upon their compliance, and attends their an- enough, would never be apt to give the city swer. But though' refers back to the proceed- offence ; nor would the power of approbation ings before the judgment, even to the first pro- be exercised by a refusal of any whom all the cess, and rests upon the judgment itself as in- world would not say were necessary to be rejurious, &c. if it took place; and so makes fused; and the city itself, well knowing of the king purge himself, as saying he did not that power, would never be troubled with facmean them such an injury as the judgment tion so much as to labour elections fit to be rewas, or, which is the same thing in his sense jected. Therefore all those pretences against as injury, that is prejudice. The speech means agreeing with the king, with which the facthat the city was warned not to let such a pre- tion blinded the eyes of, and dared, the honest judice run (since the king had his judgment) citizens from appearing for it, were no better by preventing the entry ; but the author means than Republican Fucus. And the author is that the king owned, hy his keeper, that, if he yet himself, for there are two clauses in the did enter judgment, it was a prejudice; which, speech, very material as to demonstrating his being in properties and customs, that is rights, majesty's candor, which he hath wholly left must mean wrong and injury, as I said before. out, and given no minute account of them or

“ Another case of the author's ingenuity is the matter. I do not reiterate them bere; but his carrying the conditions no farther than that they may be obvious in the reading, and Nos, wbereas they go on to N° 7; and the to shew in the main that the author hath supo

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