A Defence OF THE CHARTER AND MUNICIPAL RIGHTS OF THE City of London AND THE RIGHTS of other Municipal Cities and Towns of ENGLAND Directed to the Citizens of LONDON By THOMAS HVNT Si populus vult decipi decipiatur London Printed and are to be sold by Richard Baldwin near the Black Bull in the Old-bailey THE greatest EMPIRES and Monarchs in the World as well as Republicks have erected and by their Authorities supported municipal Cities That is to say they have either allowed or given Authority by their Charters and Imperial Rescripts to great Towns to choose their own Officers and Magistrates and to govern themselves by their own Laws so that their Laws were not contrary to the publick Laws of the Soveraign Authority They well knew by this means that great Collective Bodies of their People would be governed more equally and virtuously which would redound to the honour of the Monarch for in that all powers have been continued by him with firm approbation and good liking or derived from him The wise and just administration of such powers and authorities by this means better secured and provided for would commend his Government and give him the hearts of his People and likewise make him a Prince of better and more virtuous Subjects For it is hardly possible that Mankind should miscarry in their own hands It is impossible that there should be such a defection in the communities of men from Wisdom and Virtue that they should not acknowledge honour and prefer them in whomsoever they are found and observed and choose such men into Office that are most conspicuous amongst them by such endowments or at least such as have not disgraced themselves by their vices and folly If by a less heedful choice now and then by inadvertency or surprise a less worthy man is chosen into Office They soon espy their mistake and the mischiefs they suffer under such a Magistrate makes them more curious in their after-choice and gives the succeeding Officer an advantage of making himself more honourable by correcting the evils the negligence of a bad Magistrate had occasioned They found by experience that Governours appointed by the Court were ordinarily Oppressers sought not the Peoples good but their own gain and advantage for that they had no dependance upon the people but on the favour of the Court where no complaint could be heard against them They received no trust from the People nor were promoted by their esteem they consequently were apt to behave themselves as if they owed them no duty and little valued their opinion What can be expected in such Governours but insolency and oppression and an addictedness to serve their Court-Patron beyond what they owe to their Princes pleasure Law is neglected which is the publick will and pleasure of the Prince and they govern themselves by the Secret whispers of the Courtier that prefers them Princes that were most absolute did take themselves bound to govern by such measures that were most expedient to procure the publique weal. They therefore governed by Laws and for the Honor of their high Authority they would not transgress them they governed by Laws that were well advised Councels from which they would not depart and not by Extemporary resolves They knew that nothing did more conduce to the happiness of the people than to have the aptest men appointed to all Offices they did not trust themselves nor their Courtiers nominations or recommendations to make Magistrates in great Cities but committed the choice of them to the people and also gave Towns and Cities power and authority to make orders and rules for the better governing of themselves agreeable to the publick Laws These powers constitute municipal Cities which have been always favoured by the best of Princes The suppressing of Corporations and Communities hath disgraced the Memory of bad Princes so bad that to name them would be a reproach to the best of Kings it hath been practised by Usurpers and Conquerors the better to subdue Countries to their pleasure The Colledges Societies of Rome were a second time put down by Julius Caesar when he got to be perpetual Dictator and was about to ravish the Roman liberty but were by Augustus when he had assured the Government to himself by express Edict restored The Roman suppressed the free Cities in Macedonia when they first Conquered it Mummius their Consul in Greece when Conquered concilia omnia Achaiae Nationum Phocensium Boetorum aut in alia parte Greciae delevit as Livy tells us But after they had submitted to the Romans Antiqua cuique Genti concilia restituta sunt their Cities were restored to their Governments Strabo But after this we are very unfortunate that whilst we enjoy a Prince that hath assured us he will govern by Law that no right or liberties shall be invaded a Prince that wants no Power that is not by unquestionable right and Law established upon him any pretence should be found from our unhappy divisions to make it seem convenient for maintaining the publick peace that all Officers and Magistrates in Corporations must be made at the Courtiers nomination and that too precariously and the Succession such only as shall be by them approved But whatever specious shew of convenience they may have in our present Divisions which have arisen and have been blown up since the Discovery of the Popish Plot by the Conspirators themselves yet when we consider that by this new Form of Corporations it will be in the Power of a Popish Successor to put the Government of all corporated Towns in England into the hands of Papists This project appears to have such a direct tendency and is so certain and infallible a course to extirpate the reformed Religion established by Law That upon a due consideration had of this unavoidable consequence of these Councels His Majesty will retract them we doubt not who hath solemnly declared he will support the Protestant Religion established by Law And punish those officious persons who have to the Scandal of His Majesties Government by force or fraud surrender'd their old Charters to the purpose to submit to such like unheard of modes of incorporation that are not onely inconsistent with the Ends of a Corporation at present but threaten us with an immediate overthrow of the Protestant Religion in case of a Popish Successor It would be a sad Issue of the Discovery of the Popish Plot if after the several endeavors and overt Agreements to consent to Laws for disabling him to change our Religion There should in so short a time after that such a Power be given from our selves as will more effectually enable him to extirpate the reformed Religion than any Law that could be made for preventing thereof could possible thereto disable him To what a madness and phrensy hath our heats and animosities brought us That one party of Protestants should practise to get the Government over another part in such sort and manner as
displace from its self the Choice of a Coroner which being placed there by the Common Law nothing but an Act of Parliament can remove Which will plainly appear by the short History of Sheriffs which I shall here subjoyn The Sheriffs in the time of the Saxons were choosen by the Freeholders in the County Courts The Saxon Laws were confirmed by the first William as appears by the Chronicon Leitchfeldense cited by Mr. Lambert in his Archajonomia page 158. But this Right of the Counties to choose their Sheriffs was arbitrarily disturbed by a plenitude of power in the confused and troubled times of William Rufus H. 1. King Stephen But it appears by the Records of H. 3. time some Counties still retained their Antient rights and choose their Sheriffs By the 28 Ed. 1. The Counties were restored to or confirmed in Their Antient rights of choosing Sheriffs where the Shriefalties had not been before granted in Fee which were granted by Encroachment of power minus justè but by this Law such grants were confirmed By the Statute of 9. Ed. 2. It was ordained that the Sheriffs should be assigned by the Chancellor Treasurer Barons of the Exchequer and the Justices This Statute is interpreted not to extend to these Shrieffalties that were granted in Fee But such are intended excepted As it hath been always understood that particular rights are not extinguished by general Laws This is the Accompt of the History of the Law of Shrieffalties in General To discend to the Sheriffs of London William the Conqueror soon after this Confirmation of the Laws of England in Parliament by his Baronage which then made the English Parliaments whereby the Counties were confirmed in their Rights to choose their Sheriffs grants by his Charter confirmed in Parliament Civibus Londini totam dictam Civitatem Vicecomitatum L. K. Arch. Lond. fol. 120. That is he grants that they shall continue a City and County and the right of chosing Sheriffs shall continue to them That which was their right before become by his Charter better established An antient prudence and caution of Subjects in transacting with their Kings us'd more especially by our Ancestors viz to have their Right and Laws by way of Grant Charter from the Crown for those Mighty Kings that will not be confin'd by Laws yet have held themselves bound by their Charters and Grants Which made our Ancestors put the Confirmation of their most precious Laws and Rights under that form for their better Establishment And this Charter of King William was to the like purpose that he should not by his power break in upon the Rights of the County of the City of London of making their Sheriffs or other the Rights of the City By this it appears that the making Sheriffs belongs to the City by a Common Law right by an Appointment of the Common Law as to their particular never yet chang'd by any Statute Law nor can this right therefore be altered or displac't but by Act of Parliament The Sheriffalty of Middlesex was granted by H 1. to the City upon this reason the better to enable the City to keep the Peace for many Murders Rapins and Villanies being committed on the City the Offenders would thereupon fly into Middlesex and the Citizens having no power of Jurisdiction in that County the Offenders often escaped This Charter hath been confirmed amongst other their Charters by several Acts of Parliament The consequence whereof is that the Sheriffalty of Middlesex is not to be displac't from the City but by Act of Parliament which is thus remonstrated A grant made by the Crown confirmed in Parliament of any Estate profit or emolument whatsoever which can amount to no more than a creating or transferring a right that right may certainly be surrendred or regranted to the Crown or as the proprietor pleaseth But the grant of an authority or power confirmed by Act of Parliament that refers to administration of justice a grant of such a Nature as this is under such an inducement as is contained in the mentioned grant of the Sheriffs of Middlesex to the City of London doth not only create a right but gives an authority directs how a publick Office shall be administred and is a Law for governing that matter and consequently makes a perpetuity of that office in the City and it is not in the Power of the City to transfer or extinguish it or innovate the Direction and Order of the Law therein so made and provided The Sheriffalty of Middlesex is become upon the matter appendant to the Sheriffalty of London or to speak more properly vnited The Sheriffs of London are always Sheriffs of Middlesex and are not choosen thereto by a distinct question in the Common Hall But for that it is not generally understood how a Corporation or Society of men may discorporate and dissolve themselves and least an inconsiderable minority which shall pretend themselves the Majority and though but two hundred say they more than three thousand and take upon themselves to dissolve the Corporation of the City Tho their skill in Arithmetick is better than their Honesty I shall shortly discourse how a Society of Men may be dissolved A greater number cannot dissolve a body politick every man hath a Negative against a dissolution of that Body whereof he is a member tho he is to be concluded by the majority in any matter determinable and governable by that Society A Majority doth not determine a less number in the state of nature every mans particular consent was necessary to make him a member of any society and so it is to unmember him That a majority concludes the less number is by the agreement of all that enter into that society without which no society can subsist But whether they shall continue to be a society or no is a question in which the members of that society do admit themselves at liberty and act at that time as in the state of nature and therefore the Majority cannot bind the few in this Question and dissolve the Society No man can be a member of any Society without his own consent But every Member of a Society gives his Faith ipso facto by becoming so to every one of that Society to support and maintain it No man can propound any question without Leave first had of the Society for dissolving that Society for to do it otherwise is to transgress against the Faith that he owes to the Comunalty When such a Question is with Leave of the Society propounded a Majority cannot dissolve that Society as to the Dissenters and these that are willing to continue it But such Majority at the most if that have but a Leave to go out of that Society dismember themselves which seems to be yielded them implicitly in giving leave to put the Question But if such Question be put without leave first had of the Comunalty the propounder deserves a punishment to be inflicted upon him
If the minority be big enough to maintain support the ends of the Corporation the minority is still the Corporation If any single Person is unwilling the Society should be dissolved and this Corporation is under the Government of any greater Society of Men as a Corporation within a Polity this single person may require and prosecute the revolters from the Society to abide in that Community These societies of men that are form'd by the soveraign Authority cannot dissolve or make the terms of their Society and the Order and Rule of governing them other than is appointed by the Charter of Incorporation Nay it is a Question whether a King can change it who hath not the Power of making Laws For the terms of their Society their Order and Rule of Government is the Condition of Incorporating and upon these terms they consent to be incorporated no man by our Law is compellable to be incorporated against his own liking Roll. 1. Rep. Baggs Case And agreeable hereto changes in the Government of the City of London from the first Charters have been made by Acts of Parliament Acts of Parliament was made for the Division of a Ward and for altering the Election and Continuance of the Office of an Alderman for Life whereas in the first Charters they were choosen annually and not to be choosen the next Year I shall here transcribe the Acts themselves which are not printed but supplied to me by my worthy Friend Mr. Petyt whose enquiry nothing that is notable in our Records hath escaped The Commons in the Parliament 7. R. 2. prayed the King for the maintenance of peace and tranquility in the City of London for the time to come by reason that all the Aldermen were choosen from year to year at the Feast of St. Gregory the Pope and none of them could be re-elected for the year ensuing and others put in their places to the great endamagement of the City The Commons therefore pray the King to grant to the Mayor and Commons of the City and their Successors in that present Parliament that the Aldermen to be elected from year to year at the said Feast franchement Ezluz be freely choosen and that of the most sufficient persons and good fame of those who had been Aldermen as others per le Gardes de la Citee by the Wards of the City Saving to the Wards their free Election in manner aforesaid To which the King answer'd Le Roy le voet Grante to endure so long as good Government should be in the City by reason of that clause Rot. Parl. 7o. R. 2 ds Numb 24. In the Parliament 17o. R. 2 di Numb 25. It was ordained that the Aldermen should not be removed Sanz honest reasonable causes without reasonable Cause In the same Parliament Numb 27. upon the Petition of the Mayor Aldermen and Commons in the said City by reason of the greatness of the Ward of Farringdon which was too great to be governed by one Alderman The King grants that les Gents de la dite Gard of Farringdon within might choose one Alderman and those of Farringdon without another and that both those Aldermen so choosen should not be removed Si non per cause reasonable as it was ordained by the King in Parliament to the Aldermen of the said City But though the Government of such Societies and Corporations may be changed by Law Yet no Law can change the Government of Kingdoms and Common-wealths and alter the terms of Government and Obedience established nothing can do this but chance and time violence and an irresistible Power But every English man ought from the Nature of his Allegiance to defend the English Monarchy with his Life under the Authority of the Government and the protection of Laws To conclude the best way to shew our Loyalty to the King is to think honorably of His Majesty to account his Person Sacred as it is and himself impeccable for so our Government hath made him by imputation which is the highest Prerogative of the Crown and a notable instance of the wisdom of our Government Imperii Majestas Tutelae Salus We heartily bewail the unhappy death of the late King But detest that it should be made a pretense to change our Government They are very bad men that raise on the one side in the People a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or King-dread and on the otherside in the King a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or People dread from his deplorable death Such passions indeed respectively possess the People and Successors of Tyrants and work the woo of the People or the abolition of the Kingly Government But most unnatural these confounding apprehensions are from the death of a good King bitterly bewail'd by almost all of his subjection It is too unreasonable that we should offer up our antient Government our pretious liberties our Religion it self in the defence of which he dyed to attone for the guilt of an inconsiderable part of the Nation that was engaged in that detestable fact and are since gone to their proper place This is hard that we must loose our Government and have no more English Kings to expiate for their guilt We do not shew our Loyalty but discover an ignominious baseness if we yeeld up our rights at the perswasion of a Courtier who tells us it is for the Kings Service when he is thereby promoting his own advantages and projects and shifting for indeminity upon the ruin of the Government Plutarch in his treatise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 base sneaking says that the Asâ—â—ticks became slaves because they could not pronounce the word NO and gave denyal to Sycohants and flatterers If these Courtiers really and honestly thought it were for His Majesties Service that all Authorities and Dignities in the Government should be held precaciously of the Crown they ought to hold their honors and session in Parliament by the same tenure for that those that shall inherit to them may be wiser than themselves for this there way is their folly and their posterities I hope will not approve their doings When our Preachers exhort to obedience they ought not to be heard if they press us beyond the terms of obedience that the Government hath established And we may dutifully insist notwithstanding to have the benefit of such Laws that the power of the Government can make to preserve us in the peaceable enjoyment of our Religion when we have a Protestant King When they exhort us to Christian patience they should not forget to tell the People that they are not bound to suffer but where the Christian virtue of Fortitude is perfected and not else but as Christian charity doth direct But they ought not by any means to abuse the People with a vain amuzement that a Popish Successor will protect the Church of England I shall end with the words of King Solomon Proverbs 24. My Son fear thou the Lord and the King and meddle not with them that are given to change for their Calamity shall arise suddenly and who knoweth the Ruine of them both It is not good to have respect of Persons in Judgment He that saith unto the wicked thou art righteous him shall the People curse Nations shall abhor him But to them that rebuke him shall be delight and a good Blessing shall come upon them If thou faint in the day of adversity thy strength is small If thou forbear to deliver them that are drawn unto death and those that are ready to be slain If thou saist behold we knew it not doth not he that pondereth the Heart consider it and he that keepeth thy Soul doth not he know it and shall not he render to every Man according to his Works ERRATA Pag. 2. L. 23. r the negligence of page number the twelfth is misplac'd after page the thirteenth and must be read before it pag. 7. r obliquandi for obliquendi pag. 12. lin vlt. for which r what pag. 13. L. 19. for help r help'd pag. 19. L. 26 dele all pag. 36. r. By-laws p. 38. l. 21. r. their FINIS