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A76365 A plea for the commonalty of London, or, A vindication of their rights (which hath been long with-holden from them) in the choice of sundry city officers. As also, a justification of the power of the Court of Common-councell, in the making of acts, or by-laws, for the good and profit of the citizens, notwithstanding the negative votes of the Lord Major and aldermen. Being fully proved by severall charters granted to this City, by sundry royall kings of England, confirmed by Act of Parliament, and by records witnessing the particulars in the practise of them. / In a speech delivered in Common-councell, on Munday the 24th of February, 1644. By John Bellamie. Bellamie, John, d. 1654. 1645 (1645) Wing B1816; Thomason E1174_3; ESTC R208882 15,067 36

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and Commoners members of this Court of Common-Councell and I being by this Court added to that Committee thought it therfore my duty according to the best of my abilities to give an accompt to this Court whom it chiefely concernes how in my judgement I conceive the right and truth therein doth stand and for methods sake I shall deliver what in this I have to speake under these three heads First That this City by those favours and bounties which we and our predecessors have received from sundry Royall Kings of England is now invested with many excellent immunities franchises and priviledges Secondly Who are the proper recipients of those favours or to whom the power of using and maintaining those favours and priviledges granted to us by our Royall Kings of England is committed Thirdly The reasons or arguments wherefore those persons unto whom this power is committed should carefully and conscionably maintaine and use those priviledges with which they are intrusted For the proofe of the first I have a large and a pleasant field to walk in and truly I want both time to recount them all they are so many and words to set forth the worth of them they are so excellent When I throughly view them I know not well whether I should more magnifie the grace and favour of those royall Princes in giving us so many priviledges or admire our own happinesse in the injoyment of them But I must only doe in these as men usually doe in a curious garden pluck here a flower and there an herb which are most pleasing to their sences and most usefull for their service and when I have done the best I can I must leave many behind me for want of time and skill to collect and improve them for the common good But my hope and desire is that some more able and skilfull hand will shortly set them forth in their use and lustre before your Lordship and this Court I can no way cast my eye but it beholds many witnesses of this truth for that we are here at this time in the capacity of a City Councell to consult upon debate about and determine of such things which doe or may concerne the common good this pleades this proves our priviledge That Emblem of Authority which ere while was borne before your Lordship and now presents it selfe within your view is another argument to prove your power and in it the power of this City whose head under his Majesty your Lordship is Very much hath been anciently written by many Authors in the praise and commendation of London but it hath been lately as truly so fully summed up together by that learned Lawyer Sr Edward Cook sometime Recorder of London and after Lord Chiefe Justice of England in his fourth part of Institutes p. 247. In these three expressions 1. Camera Regis 2. Rei Publicae Cor. 3. Totius Regni Epitome The Chamber of the King the heart of the Common-wealth the Epitome of the whole Kingdome But my Lord I must come to the proofe of these proofes for it is not sufficient to shew that we are thus and that your Lordship is possest of such a power for this and more then this may be by usurpation and without warrant But that which is my part to prove is That your Lordship and this City is invested with a just and a full power thus to be and thus to doe and that by the free and cleere grants of sundry royall Kings of England manifested in their severall and respective Charters which by their grace and favour they have granted to us Those pleasant flowers and usefull herbs which I shall now endeavour to present you with are such as will chiefely make a flourishing and populous City to be truly happy which are these two First To have the power to choose our own chiefe Governour and subordinate Officers amongst our selves Secondly To have also the power to make such Laws which are or shall be for our own welfare and best accommodation London was anciently governed both before the conquest in the time of the conquest and for about 120 yeares after the conquest which was untill the first yeare of Richard the first by Port graves or Port-greeves Richard the first appointed the first Major of London which continued for about 24 yeares untill the 14th yeare of King John And King John was the first King of England that gave us the power to choose our chiefe Governour viz. the Major amongst our selves as the words of the Charter in the 16 yeare of his raigne makes it plaine the words are these Know ye that We have granted to our Barons of our City of London that they may choose unto themselves a Major of themselves And that Charter of Henry the third in the 37 yeare of his raigne gives us the like power in these words We grant also unto the said Citizens that they may yearely present to our Barons of the Exchequer We or our Heires not being at Westminster every Major whih they sholl choose in the City of London to the end they may be by them admitted as Major And that Charter of Edward the second in the 12th of his raigne confirmeth to us the same power of choosing the Major with this addition also of choosing both the Sheriffs I say of choosing not only one but both the Sheriffs and that in these words That the Major and Sheriffs of the City aforesaid may be chosen by the Citizens of the same City according to the tenour of the Charters of our Progenitors sometimes Kings of England to that end made Et nullo alio modo Which Charter hath reference to the Charter of King John in the first yeare of his raigne in these words And further We have granted to the Citizens of London that they may make of themselves Sheriffs whomsoever they will and may remove them when they will And the same Charter of Edward the second gives us the power of choosing the Chamberlaine Common Clarke and Common Serjeant in these words And that the Chamberlaine Common Clarke and Common Serjeant of the City afore-said be chosen by the Commonalty of the same City and amoved at the pleasure of the same Commonalty The same Charter gives the choice of the Masters of the Way-house to the Commonalty in these words And that the Weights and Beames for weighing of Merchandizes betwixt Merchant and Merchant Whereof the issues growing and the knowledge of them pertaine to the Commonalty of the City afore-said remaine to be kept at the will of the same Commonalty in the custody of two good and sufficient men of the same City expert in that office to be hereunto chosen by the Commonalty afore-said and that they be not in any otherwise committed to any others but to such as shall be so chosen And in the 22th of Henry the eigth this is granted to the Major Commonalty and Citizens of London conjunctim I might tire out my selfe and weare out your
A PLEA For the Commonalty of LONDON OR A Vindication of their Rights which hath been long with-holden from them in the choice of sundry City Officers AS ALSO A Justification of the power of the Court of Common-councell in the making of Acts or By-Laws for the good and profit of the Citizens notwithstanding the Negative votes of the Lord Major and ●●●ermen Being fully proved by severall Charters granted to this City by sundry Royall Kings of England confirmed by Act of PARLIAMENT and by Records witnessing the particulars in the practise of them In a Speech delivered in Common-councell on Munday the 24th of February 1644. By JOHN BELLAMIE LONDON Printed by George Miller 1645. TO THE RIGHT HONOVRABLE The LORD MAJOR AND To the Right Worshipfull the ALDERMEN and the rest of the Common-councell of the City of LONDON Right Honourable Right Worshipfull THat which lately I presented in a Speech unto your eares I now presume in this little Manuall to put into your hands It neither then was nor now is any conceit I had or have of my own abilities for I know my selfe the unmeetest because the unablest of many others that put me upon this taske But that duty and service which I owe unto this Court and in it unto all the Commonalty of this City made me to adventure my selfe in the presence of your Lordship and the worthy Aldermen to enter the lists and to put in this plea for the defence of our Liberties and vindicating of our rights and dues And as sometimes it falls out in a case of danger when the losse of all lies at stake that the forwardnesse of a young and unexperienced Souldier who perhaps is also more hardie then warie yet loving his Countries liberty adventures to begin the onset and thereby provokes and stirs up Courage in the more grave and able Commanders to follow on in hope of victory So if now by my example I may but encourage some of you who are also with me members of this Councell and which I know are farre more able then my selfe to improve your Parts and Abilities for the Common good in using your best endeavours in this Court for the pleading of our Cause and thereby the regaining of those Rights and Liberties which by the Charters of our City doe belong unto us I shall then be in good hope that by the evidence of Truth and Reason all our Priviledges and Immunities will be as freely so also lovingly and consentingly granted to us Which is and ever shall be the earnest desire and endeavour of him who is and ever will be Your Lordships and this Cities servant for the publike welfare of it JOHN BELLAMIE The Proeme VPon the 16th of January last I made an humble Motion in the Common-councell to the Lord Major and Aldermen that one speciall meanes which I had oft observed to obstruct the good proceedings of that Court might be removed viz. His Lordships causing the Sword to be taken up and then going away and so dissolving the Court without the consent yea against the desires of the Major part The remedy I proposed for the redresse of this grievance was this that by the power of this Councell there might be a Law established that the Court might not at any time be dissolved or adjourned without the consent of the Major part both of Aldermen and Commons in Common-counsell assembled The ground upon which I took the humble boldnesse to make that so necessary a motion was from the example of that never too much to be admired wisdome and prudence of those Noble Peeres and Sages of this Kingdome the Lords and Commons now assembled in this present PARLIAMENT who seeing the sad effects almost to the ruine of this Nation that fell out by reason of the sudden breaking up of Parliaments did thereupon addresse themselves with one consent unto his Majesty that he would be pleased to passe an Act that this PARLIAMENT might not be dissolved prorogued or adjourned without the consent of both Houses of PARLIAMENT first had and obtained thereunto As I could not in my judgement find out a fairer Copie to write after in this my motion for the Cities safety then that unparalleld practice of those Lords and Commons for the Kingdomes security so neither could I present a better patterne then our Royall Soveraigne nor in all his actions since the diadem of this Kingdome adorned his Kingly head could I find out one which in after ages will bespeake him more truly Royall then this his so readily granting that their so just a desire I also upon the 24 of January prosecuted this my motion with some pressive arguments hoping thereby to prevaile and they were such as I found made ready to my hand by the most solidst and ablest judgements that this Nation hath viz. the arguments which the Lords and Commons in Parliament laid down before his Majesty and which wrought his Royall consent you may find them in the preface before the Act for the continuance of this present Parliament all that was mine therein was only the paralelling of the Condition of the Kingdome for which they were made with the condition of the City to which I brought them and applied them to the present case in hand and let us but change the tearmes of the Kingdome into City and Parliament into Common-councell which is as it were a City-Parliament and then they will almost in every thing as fully agree with our condition as with the condition of the Kingdome for which they were framed the particulars I principally insisted upon were these three 1. The raising of monies for the Kingdoms Cities occasions 2. The repayment of those monies so raised by the Parliament Common-councell 3. The redresse of the publike grievances of the Kingdom City Now as the Parliament could not so the Common-councell cannot so fully with power and credit either raise or pay such monies as they shall have occasion to use for the service of the Kingdom City nor remove the publike grievances of the Kingdom City without the power of continuing together and of not being dissolved till they have fully effected that which in these or any the like particulars shall come under their debate or consideration but seeing that neither so faire a prcedent nor so forceable arguments could then prevaile as was desired I thereupon endeavoured First by the Charters of our City Secondly by Records witnessing our power in the practice of it and thirdly by equity and reason to prove our Rights and dues as in this following Plea I have laid them downe and therein have made our claime A Plea for the Commonalty of LONDON OR A Speech delivered in Common-Councell on Munday the 24th of February 1644. My Lord MAster Recorder having fully and faithfully reported the truth in shewing the little successe or good that after three daies debate hath been done in that Committee which was appointed to state the question in controversie between the Aldermen