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A47914 A seasonable memorial in some historical notes upon the liberties of the presse and pulpit with the effects of popular petitions, tumults, associations, impostures, and disaffected common councils : to all good subjects and true Protestants. L'Estrange, Roger, Sir, 1616-1704. 1680 (1680) Wing L1301; ESTC R14590 34,077 42

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next place after that they assaulted his Person seiz'd his Revenue and in the Conclusion most impiously took away his Sacred Life At which rate in proportion they treated the Church and the rest of his Friends and laid the Government in Confusion For the compassing of these accursed ends they still accommodated themselves to the matter they had to work upon They had their Plots and false allarms for the simple their Tumults for the fearful their Covenants was a Receptacle for all sorts of Libertines and Malecontents But the great difficulty was the gaining of the City which could not be effected but by embroyling the Legal and ancient Constitution of that Government For there was no good to be done upon the Imperial Monarchy of England without First confounding the Subordinate Monarchy of the City of London and creating a perfect Understanding betwixt the Caball and the Common-Council which was very much facilitated by casting out the Loyal and Orthodox Clergy and teaching all the Pulpits in London to speak the same Language with Margarets Westminster But let us consider the Government of the City of London First in the due and Regular Administration of it and then in its corruptions and by what means it come afterwards to be debauch'd The City of London was long before the Conquest Govern'd by Port-Reeves and so down to Richard the First who granted them several Priviledges in acknowledgment of the Good Offices they had render'd him But the First Charter they had for the Choice of their Own Mayor or Government was confer'd upon them by King John in these words Know ye that we have granted to our Barons or Freemen of our City of London that they may chuse unto themselves a Mayor of themselves And their following Charter of Henry the Third runs thus We grant also unto the said Citizens that they may yearly present to our Barons of the Exchequer we or our Heirs not being at Westminster every Mayor which they shall first chuse in the City of London to the end they may be by them admitted as Mayor In a following Charter of Ed. 2. That the Mayor and Sheriffs of the City aforesaid may be chosen by the Citizens of the said City according to the Tenour of the Charter of our Progenitors sometimes Kings of England to that end made and not otherwise The Charter of Hen. 8. runs to the Mayor Commonalty and Citizens of London Conjunctim The Charter of Ed. 3. is thus We have granted further for Us and our Heirs and by this our present Charter confirm'd to the Mayor and Aldermen of the City aforesaid that if any customs in the said City hitherto obtained and used be in any part Difficult or Defective or any thing in the same newly happening where before there was no remedy Ordained and have need of amending the said Mayor and Aldermen and their Successours with the assent of the Commanalty of the same City may add and ordain a remedy meet faithfull and consonant to reason for the Common profit of the Citizens of the same City as oft and at such time as to them shall be thought expedient We have the rather cited these clauses in favour of the Lawfull Government of the City in regard that they have been so often and so earnestly perverted another way The Charter we see is directed to the Lord Mayor and Aldermen of the City the Power is granted to them to propose the making or mending of Laws as they see occasion only by the affent or dissent of the Commons they are ratifyed or hindred And those Laws are only Acts of Common-Council that is to say not of the Commonalty alone but of the Lord Mayor Aldermen and Commons in concurrence Some there are that mistake the word Conjunctim and would have Jointly to be Equally as if one could not have a greater interest or Authority and another a lesse though in a Joint Commission The Power in short of summoning and Dissolving Common-Councils and of putting any thing to the question does legally reside only in the Lord Mayor And the Active Power in the Making of a Law and the Negative Voice in the Hindering of a Law have been by long Prescription and usage in the Lord Mayor and Aldermen And these being customs of the City every Freeman is to support and maintain them by the Obligation of his Oath And in farther proof that the Lord Mayor and Aldermen are by their Charter invested with the Powers aforesaid We shall need only to enform our selves who they are that in case of any publick Disorder are made answerable for the Misdemeanour Richard the Second granted a Commission to enquire of all and singular Errours Defects and Misprisions in the City of London for want of Good Government in the Mayor Sheriffs and Aldermen of the said City And for the Errours Defects and Misprisions in their Government sound they were fin'd 3000. Marks the Liberties of the City seiz'd into the Kings Lands and a Warden appointed to govern the City till in the end the Duke of Glocester prevail'd upon the King to reinstate them We have here given you a short view of the Orderly Government of this glorious City which is perchance one of the best qualify'd Establishments both for King and People under the cope of Heaven We are now coming to lay open by what Arts and Contrivances it came to be corrupted and in a manner to lay Violent hands upon it self Which is a story that may serve some for curiosity and others for Edification The People being extreamly discomposed in their minds upon the Apprehension of Popery and Arbitrary Power and shaken also in their Allegiance upon a strong Impression that it was a design in their Governours themselves to introduce it It was no hard matter to inveigle them into Petitions for Relief Protestations Associations and Covenants for the Common defence of themselves in the preservation of their Liberties and Religion and into a favourable Entertainment of any plausible pretext even for the Justification of Violence it self Especially the Sedition coming once to be Baptized Gods cause and supported by the Doctrine of Necessity and the unsearchable Instinct and Equity of the Law of Nature And all this too Recommended and Inculcated to them by the men of the whole World upon whose Conduct and Integrity they would venture their very Souls Bodies and Estates Being thus perswaded and possess'd the coming in of the Scots serv'd them both for a Confirmation of the ground of their fears and for an Authority to follow that Pattern in their Proceedings both causes being founded upon the same Bottom and both Parties united in the same Conspiracy So that this opportunity was likewise improved by all sorts of ayery Phantastical Plots frivolous and childish reports to cherish the Delusion And now was the time for Tumults and Out-rages upon publique Ministers and Bishops nay and upon the King himself till by Arms and Injuries they
some of the Aldermen Protested against them as having no thought of either shuting out the Mayor or making the Committee so absolute as they found the two Houses had done Whereupon it was mov'd that the Houses might be Petition'd to reverse the Order But that being carryed in the Negative Ven produces another Order for the adding of Skippon to the Committee for the Militia which was carry'd without much Difficulty The Court of Aldermen reflecting upon the Indignities cast upon the Mayor and Government of the City Petition'd the House apart from the Commons that the Mayor and Sheriffs might be nominated of the Committee but to no purpose For they knew Sir Richard Gourny was a person of two much Honour and Loyalty to comply with their Designes After this Repulse several of the most Eminent Citizens both for Worth and Estates Petition'd the Two Houses in their own Names for the Removall of That Scandal but there was no relief to be had and they were barbarously treated for their pains over and above Sir George Benyon to his Honour as the framer and chief Promoter of that most reasonable Petition was fin'd 3000l Disfranchiz'd in the City never to bear Office in the Kingdom to be Committed for two year to Colchester Goal and at the end of the Term to give security for his good Behaviour Methinks the bare Recital of This Inhumane Insolence should turn the Bloud of every honest Citizen This Committee was now becom the masters of the Militia they remov'd Sir Richard Gourny and put Pennington into his place they make Ordinances to pass for Laws and Rebellion to be a point of Conscience they persecute the Orthodox Clergy Oppress their Fellow Citizens and the whole Nation and where they have not Credit to borrow they make use of their Power to Take away living upon the Spoil without any regard to the Laws either of God or Man And to shew the world that as the Faction had subverted the Government of the City so they intended to perpetuate the slavery See as follows Vicesimo Octavo Februarii 1648. An Act of the Commons of England in Parliament Assembled For Removing Obstructions in the Proceedings of the Common-Council of the City of London THe Commons of England in Parliament assembled do Enact and Ordain and be it Enacted and Ordained by the Authority aforesaid that in all times to come the Lord Mayor of the said City of London so often and at such time as any 10. or more of the Common-Council-men do by Writing under their hands request or desire him thereunto shall summon assemble and hold a Common-Council and if at any time being so required or desired he shall fail therein then the ten persons or more making such request or desire shall have Power and are hereby Authorized by Writing under their hand to summon or cause to be summoned to the said Council the Members belonging thereunto in as ample manner as the Lord Mayor himself usually hath done and that the Members appearing upon the same Summons being of the Number of 40. or more shall become a Common-Council And that each Officer whose duty it shall be to warn in and Summon the Members of the said Councill shall perform the same from time to time upon the Warrant or Command of ten persons or more so authorized as aforesaid And it is further Enacted and Ordained by the authority aforesaid that in every Common-Council hereafter to be assembled the Lord Mayor of the said City for the time being or in his absence such Locum tenens as he shall appoint and in default thereof the Eldest Alderman present if any be and for want of such Alderman or in case of his neglect or refusal therein then any other person Member of the said Council whom the Commons present in the said Council shall chuse shall be from time to time President or Chairman of the said Council and shall cause and suffer all things offered to or proposed in the said Council to be fairly and orderly debated Put to the Question Voted and Determined in and by the same Council as the Major part of the Members present in the said Council shall desire or think ●it and in every Vote which shall pass and in the other Proceedings of the said Council neither the Lord Major nor Aldermen joynt or Separate shall have any negative or distinct Voice or Vote otherwise then with and among and as part of the rest of the Members of the said Council and in the same manner as the other Members have and that the absence and withdrawing of the Lord Major or Aldermen from the said Council shall not stop or prejudice the proceedings of the said Council And that every Common-Council which shall be held in the City of London shall sit vnd continue so long as the Major part of the Council shall think sit and shall not be dissolved or adjourned but by and according to the Order or Consent of the Major part of the same Council And that all the Votes and Acts of the said Common-Council which was held 13 January last after the departure of the Lord Mayor from the same Council and also all Votes and acts of every Common Council hereafter to be held shall be from time to time duly registred as the Votes and Acts of the said Council have used to be done in time past And be it further E●cted and Ordained by the Authority aforesaid that every Officer which shall sit in the said Council shall be from time to time chosen by the said Council and shall have such reasonable allowance or Salary for his pains and service therein as the Council shall think fit And that every such Officer shall attend the said Common-Council and that all Acts and Records and Register Books belonging to the said City shall be extant to be perused ●od searched into by every Citizen of the said City in the presence of the Officer who shall have the Charge of keeping thereof who is hereby required to attend for the same purpose Hen. Scobel Cler. Parliament Take notice that the Vote of Common-Council in the Act above-recited of Jan. 13. 1648. when the Lord Mayor went off and dismissed the Court was a Treasonous Vote for the speedy bringing of the King to Justice You have here the State of the New-Model'd Government of the City and effectually of the whole Nation together with the Methods of Hypocrisy and State that brought us into that miserable Condition And what were they but Canting Sermons Popular Petitions Tumults Associations Impostures and Disaffected Common-Councils We have likewise set forth how these Advantages were gain'd with their Natural Tendency to the Mischiefs they produc'd And who were they that promoted and brought all these Calamities upon us but men of desperate Fortunes and Principles Male-contents broken Tradesmen Coblers Thimble-makers Dray-men Ostlers and a world of this sort of People whose Names are every where up and down