cognizance of any thing whatever that did relate to the good of the City and therefore it was conceived that nothing was more proper at that time than this which concerned the preservation of the City from utter ruine Upon which the other Sheriff directing his discourse to the Assembly said That what the Gentleman had moved there was true and not unknown to most of the persons there present but that he was of his Brothers opinion 〈◊〉 it was fit first to go on to the work of the day and not to carry up that message till after the Election Many persons being still dissatisfied and calling for a present message to be sent up the Gentleman who first moved the business made it his request that since there seemed a difference touching the circumstance of time that they would proceed to Election and carry up the Message with the persons Elected as the Sheriffs desired to which the common Hall unanimously agreed Upon which silence being made the common Hall proceeded to election of Sheriffs and made their Election and sent up an account thereof to the Lord Mayor and Aldermen by the Sheriffs and common Sergeant as is usual in such cases The Lord Mayor and Aldermen presently came down and took their seats in the Court of Hustings according to custom upon which the common Sergeant came forth to the front of the Court and declared the Names of the persons Elected and immediately gave back Thereupon the common Hall called out for an Answer to their Message upon which the common Sergeant steping forward again in the presence of the Lord Mayor Aldermen and Sheriffs said That he had acquainted his Lordship and the Aldermen with their request and that his Lordship had commanded him to declare unto them that he would be ready to joyn with them in that or any other thing for the good of the City And with that the Lord Mayor and Aldermen c. left the Court of Hustings and dismissed the Assembly After Dinner the grave Recorder Sir John Hovvel out of a great pretence of Loyalty but indeed a personal Grudge against Mr. Jenkes conveyed the news to White Hall where with his usual strain of Retorick he made such a dismal representation of the matter and was so powerful in his Eloquence as to occasion both the Sheriffs and some other of the City Officers to be sent 〈◊〉 who were examined by tâ—â— Lord Châ—â— Justice Rainsford in the presence of the King the Lord Chancellour the Lord Treasurer Duke Lauderdale and other Lord. The Sheriffs 〈◊〉 others made Affidavits but a Copy of them could never be obtained Upon the 〈…〉 Mr. Jenkes was summoned by a Messenger to appear at the Council Board the next day Accompanied with many of his Friends he attended in the Lobby near the Council Chamber according to his summons and after some time was called in but his Friends pressing to follow him as is usual on such occasions were kept out and not one suffered to go in with him The King sitting in Council the Lord Chancellour D. Lauderdale and other Lords about him The Clerk read an Affidavit made by the two Sheriffs the common Cryer and one John Green an Attorney the Substance whereof was That Fr. Jenkes at a Common Hall in London the 24th of June last past did complain of Grievances an did desire that before they vvent upon any other business certain Members of that Court might accompany the Sheriffs and the Common-Sergeant to vvait upon the Lord Mayor then in the Chamber to desire that a Common-Council might be called to Petition his Majesty in the Name of the City to Call a New Parliament The Affidavit being read the Council Board proceeded to this effect Lord Chancellour Sir What say you to this matter Mr. Jenkes I desire to know if this be all you have to charge against me A Lord. Then you make little of this You will find it to be enough Lord Chancellour Sir Did you move for a Common-Council to Petition for a Nevv Parliament Mr. Jenkes Is it any Crime to Petition for a Nevv Pâ—rliament 〈◊〉 which his â—â—â—â—ship not thinking fit to give any 〈◊〉 proceeded Lord â—â—â—â—â—llour Answer to the matter in charge Mr Jenkes Wâ—â—â— the liberty of his Majesty and this â—oard I will The King Goâ— Mr Jenkes May it please your Majesty Of all the Subjects you have A Lord interrupting him Answer to the matter Mr. Jenkes If his Majesty will be pleased to hear me I hope you will The King Let him go on Mr. Jenkes May it please your Majesty Of all the Subjects you have none are more Loyal than your City of London and in the City none more loyal than my self and no man there did more desire and in my circumstances act more in order to your Majesties Restauration than my self And I do desy any Citizen or other whomsoever to say I have forfeited my loyalty by any one individial act The King interrupting him Sir you are not Lord Mayor and I am very well satisfied with the loyalty of the City and that it needs no such Vouchers Lord Chanâ—â—llour Speak to the matter Mr. Jenkes May it please your Majesty Being summoned to a Court of Common Hall in London which is a Court that consists of the main Body of the City Lord Chancellour interruping him Sir you are under a double mistake for first it was not a Court and next it did not consist of the main Body of the City of London Mr. Jenkes With your Lordships leave it was a Court which doth consist of all the Livery of the City of Lâ—â—don which if I understand any thing is the main Body of the City of London And every member of that Court hath freedom to propose and debate any such matter or thing as he believes is for the service of his Majesty and the good of the City and no man can use more understanding than God has given him And I assure your Lordship what I then moved was according to the utmost of my understanding for his Majesties service and the good of the City And my Lord if I were under a mistake I had the fortune to have good Company for what I moved was approved by the whole Court The King It was not so Secretary We have a deposition to the contrary M. Jenkes It was so Other Lords It was not so Mr. Jenkes May it please your Majesty If you have a hundred depositions to the contrary if the matter of fact were so it was so and I do affirm it was approved by the whole Court A Lord. How came you to be a Privy Councellour Mr. Jenkes I never had any such ambitious thought in my head A Lord. How came you then to meddle with matters of State Mr. Jenkes I thought any of his Majesties subjects in an humble manner might Petition his Majesty for a Remedy of any Grievance whatsoever A Lord. Do you think any one may Petition for a Parliament
Mr. Jenkes I believe they may The King I know whose Scholar you are and I 'll take care that none such as you shall have to do with the Government Several Lords What was 't you mov'd What was 't you mov'd M. Jenkes My Lords What I spake was not in a Corner but openly in the faces of a Multitude and therefore cannot want a Witness to attest it A Lord. Just now it was a Court and now it is a Multitude Mr. Jenkes We Citizens pretend not to place our words so exactly inform but that there may besome mistake in them but I think my expression was no great absurdity for though it were a Court yet the Persons there were so numerous that it may not be very improper to term them a Multitude Yet if I have failed in due expression I beg his Majesties pardon I know somewhat of the Customs of the City of London and the Powers and Priviledges of the Courts there and somwhat also of the Laws of England but what the Powers and Customs of this Court are I know not and therefore shall desire to say little lest I should unwillingly offend Lord Chancellour Sir Pray tell us who advised you in this matter The King Who advised you Mr. Jenkes VVhat I then proposed was consented to by the whole Court and so became their Act as I said before Lord Chancellour and Others Answer directly to the Question or declare you will not Mr. Jenkes Since I see your Majesty and the Lords are angry tho I am not sensible that I have given you any just cause for it I must not say I did it without advice lest you should be more angry and to name any particular Person if there were such would be a mean and unworthy thing therefore I desire to be excused all farther answer to such questions since the Law doth provide that no man be put to answer to his own prejudice The King We will take that for an answer Lord Chancellour Since you name the Law by the Law you shall be tryed Mr. Jenkes I thank you and this Board Lord Chancellour You may withdraw He immediately withdrew and the room being cleared of all his friends and other company then the Messenger was kept there for the space of an hour and an half and afâ—â—◠〈…〉 â—â—ing called in any more was by a Warrant of the Council sent to the Prison of the Gate-house within the Liberties of Westminster Soon after his commitment he demanded of the Keeper a Copy of the Warrant by which he was was commited as he might and by Law ought to have The Keeper gave him a promise of it but delaying the performance for two dayes Mr. Jenkes resolutely demanded it of him as his duty but could not yet obtain it Sometime after the Keeper sent him one voluntarily by his man with this excuse That before he had positive order to deny him one and now had to give it him The Copy of the Warrant WHereas it appears to his Majesty in Council by the examination of Sir Thomas Gold Sir John Shorter Knights Sheriffs of the City of London John VVells Common-Gryer of the said City and John Green one of the Attorneys of the Lord Mayors Court taken upon Oath before the Lord chief Justice Raynsford That Francis Jenkes of the said City Linnen-Draper did on the 24th of this instant June at a Common Hall then assembled at the Guild-Hall of tâ—â— said City for choosing Officers for the ensuing Year in a wâ—â— seditious and mutinous manner openly move and stir ' the persons thâ—n present That before they did go on to the choice of nevv Officers vvhich vvas the only occasion of that Assembly they should go to the Lord Mayor and desire him to call a Common-Counsel that might make an address to his Majesty in the Name of the City to call A New Parliament And vvhereas the said Francis Jenkes being novv called in and heard before his Majesty in Council vvas so far from denying or exicâ—â—ating his offence That be did in a presumptuous and arrogant manner endeavour to justify the same These are therefore to command you to take into your custody the Body of the said Francis Jenkes herevvith sent you and him to Keep safely until he shall be delivered by due course of Lavv for vvhich this shall be your Warrant Dated at the Council Chamber in White-Hall this 28th Day of June 1676. To the Keeper of the Gate-House VVestminster or his Deputy Lindsey Peterborow C. Craven G. Carter Lauderdale Northampton Carbery W. Maynerd Tho. Chicheley Danby Anglesey Arlington Bathe J. Williamson R. Carr Finch Ormond Bridgwater Hen. Coventry J. Ernle Robert Sowtwell NExt day being the. 29th of June divers of Mr. Jeâ—kes Friends waited upon Mr. Secretary Williamson and desired to become Bail for him but Mr. Secretary refused to take any Bail but told them if they did mind him of it upon Wednesday morning he would move it at the Council But Mr. Jnkes beleiving that to be as it proved but a delay ordered some of his friends to wait upon the Lords Chiefe Justice Raynsford and moved him for an Habeas Corpus ad Subjiciend Recipiend c. which accordingly was done but his Lordship denied to grant it Alleading no other reason but that it was Vacation though his Lordship could not but know that Writ to be the Subjects Right at all times as well out of Term as in Term and Mr Jenkes friends were ready to offer him multitudes of Presidents when it had been granted out of Term both anciently and since his Majesties Restauration Mr. Jenkes resolving to leave no legall course to attaine his liberty untryed upon Friday the 30th Of June at a General Seal did by his Counsel move the Lord Chancellor for an Habeas Corpus at first his Lordship did seem much surprized and did refuse to hear his Counsel but after a little pause his Lordship bid Mr. Jenkes Counsel to move it again the next Seal and ordered the Seal to be put off from Tvvesday the 4th untill Thursday the 6th of July Upon Wednesday the 5th of July Mr. Jenkes friend waited upon Mr. Secreatary Willamson and desired him according to his promise to move in Councill that Mr. Jenkes might be Bayled but he said he had spoake with the King and could do nothing without a Petition so upon Thursday the sixth of July being a Publick Seale Mr. Jenkes Counsell did again move the Lord Chancellor according to his Lordships order and asserted the Authority of the Lord Cook who is most clear in the Case 2. part Instututes fol. 53. Speaking of the VVrit of Habeas corpus in the Kings Beach 〈…〉 The like Writ is to be granted 〈◊〉 of the Chancery 〈…〉 as in the Kings Bench or in the Vacation 〈◊〉 the Court of Chancery is Officina Justitiae and is ever â—pâ—â—ed and never Adjourned So as the Subject being vvrongfully â—â—prisoned may have justice for the liberty of his person
THE CASE OF Mr. FRANCIS JENKES BRING An Impartial Relation of his Imprisonment in the Gate-House with the Occasion of it and the Means used for his Enlargment AMSTERDAM Printed in the Year 1677. THE CASE OF Mr. FRANCIS JENKES c. M R. Jenkes having been a Trader for many years and observing the daily decay of Trade in the City occasioned by such mischiefs as lay not in the industry of its Inhabitants but only in the power of the Government to redress and that did require a more speedy redress than a Parliament Prorogued for 15 Months could afford after having in vain solicited the Lord Mayor for a Common-Council that might consider of a Petition about Trade out of a hearty zeal for the good of the City as well as encouraged by the consent and desire of many sober City-zens the Liberty reserved to the Lord Mayor Aldermen and Common-Council by the Statute of the 13th of this King concerning Petitions the Votes of a majority of the Temporal Lords at the last Session together with the unanswerable Reasons given in their Protestation did at the Folk-moot or Common-Hall holden the 24th of June last past in the Guild-hall of London thus diver himself Mr. Common Sergeant IT seems a vain thing for this Court to be serious about the choice of Magistrates and Officers for the well Government of this City except they first take care to remedy those many Mischiefs and Grievances which the City now groans under and which seem so to threaten the ruine and destruction of the whole that if there be not some speedy redress there will be little need of Magistrates and Officers for there will be no City or People left here to be Governed London has once already been burned to ashes and firing is now become such a Trade that not only London the Burrough of Southvâ—ark and the places adjoyning but all the Cities Burroughs Towns Corporate and places of principal Trade throughout the whole Kingdom are perpetually in danger so that no rational or considerate man amongst us can promise himself his Wife his Children or Estate one nights security but they may all be devoured in the consuming flames except some speedy and effectual course be taken But this is not all For were our Houses secure from fire yet such is the general decay of Trade as if not remedied must unavoidably bring the whole City to poverty and ruin and it is conceived that this is very much occasioned by the French who have laid such great Impositions upon our Woollen Cloth Stuffs and other Manufactures that we have almost lost our Trade with France they have spoild our Trade with Holland Flanders and Germany by a destructive War They have ruined our Trade at home and beggared many thousands of our honest and industrious VVeavers and other English Manufactors and Traders by the vast quantity of their silks and other unnecessary Commodities imported hither so that upon an exact ballance of the Trade between us and them taken it has been demonstrated that this City and Kingdom doth lose Eleven hundred thousand pounds every year By means whereof they who in Queen Elizabeths time might not be suffered to build Men of VVar are now grown so powerful at Sea as to be able to beat both Dutch and Spaniard and have made themselves in a manner sole Masters of the Mediterranean Sea And they are grown so â—â—esumptuous as daily to injure and affront our English Merchants and sometimes in his Majesties own Ports Their Privateers daily take our Merchants Ships plunder others strip imprison and torment our Seamen to the great discouragement of our English Navigation and almost ruine of the Merchant I shall instance but in one thing more but that is worse than all the rest That is the just apprehension that is upon the minds of good men of danger to his Majesties Person and the Protostant Religion I had not spoken this at this time and place but having the honour to serve this City in Common Council I have endeavoured at several times to bring these things before that Court but could not In the end of the last Common-Council I did desire my Lord Mayor that a Common Council might speedily be held to hear and consider of a Petition about Trade subscribed by a great number of Citizens of good quality and his Lordship did then promise that a Common-Council should speedily be held But it is a good time since and there have been many Fires and Losses but no Common-Council VVherefore me-thinks it doth become the wisdom and gravity of this Court not to admit of any longer delay in a matter wherein their All is concern'd And I do humbly move and I conceive it is not only my sense but the sense of the far greater part of this Court that some Members of this Court may accompany the Sheriffs and Mr Common Sergeant before we proceed to any other matter to wait upon my Lord Mayor and the Court of Aldermen to desire that a Common-Council might speedily be held humbly to Petition his Majesty That for the quieting and satisfying the mindes of his liege People and for remedy of the many mischiefs and grievances we now groan under He would gratiously be pleased according to the Statutes of the 4th and 36th of Edvv. 3. timely to Call a Nevv Parliament Scarcely were the words A Nevv Parliament pronounced but the greatest part of the Assembly cryed out Well moved Well moved And though none spake up formally to the Sheriffs yet several amongst them spake enough to shew a high approbation of what had been said and not one word was spoken in contradiction which when the Common Sergeant saw to prevent as is conceived others speaking to the same matter he spake to this purpose That what had been moved seemed to be the general sence of the whole Court and since the Gentleman that made the motion was pleased to joyn him with the Sheriffs and that he must offer his opinion in the matter It was this That it was not so proper to carry up that message before they did proceed to their Elections as first to determine their Election and then carry up an account of these and that together But many in the Court did insist upon the motion and desired a message might be sent up immediately Whereupon one of the Sheriffs spake and did acknowledge That what had been said by the Gentleman that spake first was true but that he was an Old Citizen and had long known Common Halls and he did believe that the proper Work of the Day was the Election of Officers and therefore he did desire that the Court would proceed and not to carry up the Message till after that was done To which one replyed That according to his utmost understanding that Court was one of the antientest greatest and most powerfull Courts of the City and although the customary business of this day were the choice of Officers yet that Court had