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A45191 A defence of the charter, and municipal rights of the city of London, and the rights of the other municipal cities and towns of England directed to the citizens of London. / By Thomas Hunt. Hunt, Thomas, 1627?-1688. 1683 (1683) Wing H3750; ESTC R16568 22,067 49

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Books as Sir Edw. Cook observes Littleton fol. 158. a. yet that was in the time of the tyranny of the Papal Church which was wont to doom to damnation such as were guilty of the least contradiction against her order as if perfectly wicked or where the person challenged was Excommunicate by the greater Excommunication which declared the person so Excommunicate perfectly wicked an Apostate from the Faith and Rule of the Christian Religion Such is not the present Excommunication of Dissenters Yet there is a difference between refusing to accept of a man to an Office such is the nature of the challenge of a Jury man and between the excluding a man from his right and franchise in a matter in which the Community also hath a right By what we have said it is clear that by Excommunication no right is forfeited no publick right is delayed no stated right is prejudiced That the right of suffrage is the right of the person and also the right of the Community That at this day Sir Edw. Cook seems to think that Excommunication is no matter of challenge to a Jury man and if it were it cannot preclude a right tho it makes a man incompetent or not so fit to be voluntary called forth and preferred to execute a charge It is very clear therefore that for Excommunication no man ought to be thrust from his right of suffrage and the Franchise of a Citizen And well is it that the Law is so or else there had remained a lurking mischief behind in our Law as mischievous almost as the writ for burning of Hereticks lately abrogated for As soon as we can get a set of Popish Clergy it is but interpreting the doctrine of the Church of England as Sancta Clara hath done to the sence of the Council of Trent and thereby make the doctrine of the Trent Council the doctrine of the Church of England and then every Protestant must immediatly incurr Excommunication Now if thereby we should loose our franchises and the rights of Freemen the Papists would have the Government and we used as Slaves and Villains for ever and by this slight without a Law or Parliament on their side the Religion of the nation may be chang'd It is very extraordinary that when this mischief cannot happen to us by Law We are making Presidents against our selves for the Papists their proceeding against us in such sort as is now proceeded against the Dissenters for whom I am not making an apology the Evils that we sustain at present by their occasion will not give me leave to be so kind unto them But let us not make hard resolutions against our selves when we know not how soon we our selves may fall into their case Only this I have to say for them you have no reason to be angry with them for that they have not complyed with the Popish interest for obtaining indulgence and exemption to themselves from the penal Laws much less have you reason to neglect the Defence of your Government and Religion because they adhere steadily to it But if they had not so behaved themselves we should not have wanted an honest man of sence amongst you to have divided from the interest of the City and its antient Rights Neither is it in the Power of a Common Council whoever they be that are sworn of that body and however elected inclined or disposed to derogate by any Act of theirs from any of the Cities Rights and Franchises They are not the Body in whom the Rights and Franchises of the City are vested The stile of purchase is the Mayor and Commonalty of the City of London and the most modern stile in use is the Mayor Commonalty and Citizens of the City of London Their beginning is of a much later date than the Citys Charters of Corporation they were first erected and have receiv'd several alterations by constitutions made in the Common Hall Their business and trust is to manage and defend govern and protect as Committees the Rights of the City and make by Laws which are controulable notwithstanding and sometimes have stood in need of confirmation by the Common Hall And this considered they are put under an Oath to give good and true Counsel touching the Common-weal of the City and that for favor of any man they shall maintain no singular profit against the Common profit of the City They can do nothing validly in prejudice of the Citys Rights and Franchises And if they have any conscience of a limited trust under an Oath to be observed and kept they will not attempt it Perhaps the dissolving of this great Corporation will be too adventurous an undertaking for that it may be charged with the extinguishment of many excellent Laws for the advantage of Trade for the better Government of the City and the customary Provision for Wives and Children upon which security provision by their customs marriages have been made which will be thereby defeated Besides the number of Orphans that will be desperately undone there being no fund of stock left to pay them as they are almost undone already by banckrupting the fund of City credit which would everlastingly have made good payment to their Orphans By the impending Quo Warranto A very spreading and fore calamity and to be remembred with the Bankers case which put many thousand Persons well stated to starving and great Necessities without relenting They made a War without the advise of Parliament they were unsuccesful as Sea and made depredations at Land by this great Numbers of the Kings subjects suffered the worst calamitys of War in time of our Land peace It is better to be kill'd out-right than to live and starve They were used as in the State of War tho Subjects of the most equal Government in the World in its constitution The Parliament is blam'd for discountenancing loans of money upon the Credit of the Crown but these men prohibited and disabled them But our modern men to make all sure have again banckrupted the Credit of the great Seal have taken away the planck which was allow'd to keep these poor wretches from sinking after the wreck made by their Predecessors They have vacated the great Seal that made provision for their interest money without any fear or dread of that fate that happend among their Predecessors for in this too they govern us according to Law The consideration of these Evils since they have ways at present to bring whom they please into the offices of authority and trust in the City will perswade them perhaps to attempt no farther alteration in the Cities rights then their dismissing themselves for ever of the right of choosing Sherifs for the Counties of London and Middlesex But this is so far from being done by any Authority in the Common Council that it cannot be done by the unanimous assent of the Common Hall nor by the consent of every of the Citizens and Free-men No more than a County can