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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A81270 The case of Daniel Hoar, merchant, Alderman of (and one of His Majesties justices of the peace for) the town of Kingston upon Hull. 1680 (1680) Wing C901D; ESTC R175659 4,948 5

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since continued At which time the Court was moved to join in a Petition to his Majesty to revoke the said Order which was refused Nevertheless A Petition in the name of William Foxly August 4th 1680. William Ramsden William Skinner Anthony Lambert Humphry Duncalfe and Henry Masters Aldermen of Hull was presented to his Majesty and Council on behalf as is alledged of themselves and the chief Burgesses of that Town wherein they set forth That Alderman Hoare had not made appear to them that he took the Sacrament within twelve Months before his Election and therefore they had voted his place void and were advised it would be of dangerous consequences to the Petitioners and other the Justices and Officers of that Town to join in any Act of administration of Justice with one whose place was void Prayed therefore the Discharge of the Order of Council for Hoare's continuing Alderman that the matter might be heard in Council and Mr. Hoare left to his remedy at Law for being restored to the said Office His Majesty upon reading the said Petition was pleased to order a Hearing of this Matter at Council-Board within ten days after notice to Mr. Alderman Hoare which Hearing falls out to be the 15. Sept. 1680. Mr. Hoare obtained an Order for summoning Witnesses August 31. 1680. which being to be sent to Hull and they summon'd and to come up by the 15th of Sept. was almost impossible especially it falling out that most of them were then to be at Holden-Fair Wherefore he by two humble Petitions two several Council-days pray'd a further time but the more important Affairs of State prevented the making any Order upon those Petitions so that he will want much of the Evidence upon his Hearing which otherwise he might have had He humbly prays favour therefore that Cognizance be taken of a Certificate returned to his Majesty in Council Signed by the Mayor and five Aldermen the Sheriff and Chamberlain of Hull and about 120 of the Chief Burgesses of that Town The Contents whereof is as followeth To the KINGS Most Excellent Majesty and to the Right Honourable the Lords of his Majesties most Honourable Privy Council WEE the Mayor Aldermen Sheriffs and other Burgesses of the Town of Kingston upon Hull do humbly certifie all whom it may concern that we have known Mr. Dan. Hoar of this Town many years to be an able Merchant both for Parts and Estate that we have not been privy to the drawing or presenting any Petition or know any cause for the same to the King and Council against him That he hath been an Alderman and Justice of the Peace for the Town and County this eight or nine years and so demean'd himself in those Offices as that we have not known or heard of any complaint against him That he hath carried on the Chargeable Office of Mayor to the Satisfaction and Credit of the Corporation That he hath appeared as a Loyal Subject on all occasions both in Church and State Given under our Hands 11. Aug. 1680. Geo. Crowle Mayor c. UPon the whole matter the said Hoare most humbly offers to Consideration That there is no Objection made against him in the Petition or otherwise save only that he had not made it appear that he took the Sacrament according to the Rites of the Church of England within one year before his Election but the Petition doth not say that Hoare had not taken it within that time In Answer to which Objection he prays that it may be observed I. The Act of 13th of the King for Regulating Corporations does not require any man after he hath been in an Office 9 or 10 years to prove he took the Sacrament within twelve Months before his being Elected into the same if it did and if all men in Office were to be turn'd out that could not make such proof it 's more than probable that half the Officers in England would be removed II. It is positively proved he took the Sacrament and Oaths abjured the Covenant signed the Declaration by Law required before he was Sworn Alderman and did the like in 1674 when he was chosen and served Mayor and hath duly taken the Sacrament every year since and is now a Justice of Peace and therefore after having served Mayor and spent near 800 l. in Fines and defraying the charge of that Office it would seem very hard to put him out of his Office of Alderman only because he cannot prove he took the Sacrament within twelve Months before he was chosen to that Office especially since that choice did not make him Alderman till he was Sworn and before he was Sworn he had done all that the Law required to capacitate him for Alderman III. He being chosen 8. Feb. 1671 and Sworn the 22th of that Month if he had not taken the Sacrament before his Election and by reason thereof his Office of Alderman had been void according to the strict letter of the Law yet by his Majesties Gracious Act of free Pardon past in 1672 that omission is forgiven and it is not in the least pretended that he hath done any Act since whereby to forfeit his said Office which he hath many times freely offered to have laid down and doth not now contest the same for any benefit or profit that arises thereby but meerly to defend his Loyalty and Integrity and prevent the affront designed to be given him by some few of the present Aldermen IV. The Intent of the Act of 13th of the King was to prevent disloyal persons or persons dissenting from the Church of England from being chosen into Offices but was never designed to turn Loyal Subjects and true Sons of the Church out of Offices because they had not the spirit of Divination to know before-hand when they should be chosen into Offices and so take the Sacrament purposely to qualifie them for such Elections September 15th 1680. THis Cause upon the Petition of Alderman Skinner Foxlye Ramsden c. against Alderman Hoare of Hull being fully heard by his Majesty in Council where reflections were made by the Petitioners Council as if the Subscriptions to the Certificate of the Mayor Aldermen Sheriff Chamberlain and chief Burgesses of Hull were only the Subscriptions of Taylors Carpenters Coblers and Apprentices c. and obtained by Threats and menaces at the several Subscribers houses His Majesty in Council was pleased upon hearing of Col. Gibbyes Evidence concerning Mr. Alderman Hoare ' Loyalty and his prudent demeanour in his several Capacities as Alderman Mayor Corroner and Justice of the Peace of the said Town to make no other Order or give any other direction than that the matter should be refer'd to the Common Law London Printed by A. Maxwell and R. Roberts 1680.