Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	law_n	sergeant_n	2,698	5	10.7632	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70490	Londons liberties, or, A learned argument of law and reason, before the Lord Mayor, Court of Aldermen, and Common-Council, at Guild-Hall between Mr. Maynard, now the Kings eldest serjeant at law, Mr. Hales, late Lord Chief Justice of the Kings Bench, and Mr. Wilde, lately one of the justices of the same court, of council for the Livery-men of London, and Major John Wildman, and Mr. John Price, of council for the Freemen of London : wherein the freedom of the citizens of London in their elections of their mayor, sheriffs, aldermen, and common-council-men, is fully debated, their most ancient charters examined, and on both hands agreed to be but a confirmation of their former rights : with their opinions concerning the forfeiture of Londons charter.	Maynard, John, Sir, 1602-1690.; Wildman, John, Sir, 1621?-1693.; Wilde, William, Sir, 1611?-1679.; Hale, Matthew, Sir, 1609-1676.	1682 (1682)	Wing L2936B; ESTC R14306	40,443	37

Londons Liberties OR A LEARNED ARGUMENT OF Law and Reason Before the Lord Mayor Court of Aldermen and Common-Council at Guild-Hall Between Mr. Maynard now the Kings Eldest Serjeant at Law Mr. Hales late Lord Chief Iustice of the Kings-Bench and Mr. Wilde lately one of the Justices of the same Court Of Council for the Livery-Men of London And Major Iohn Wildman and Mr. Iohn Price Of Council for the Freemen of London Wherein the Freedom of the Citizens of London in their Elections of their Mayor Sheriffs Aldermen and Common-Council-men is fully debated their most Ancient Charters Examined and on both hands agreed to be but a Confirmation of their former Rights With their Opinions concerning the Forfeiture of Londons Charter LONDON Printed for R. Read 1682. THE PREFACE THE unusual methods that have been made use of in the Election of Sheriffs for London and Middlesex for the year ensuing having raised great Disputes among the Citizens concerning the Manner of Chusing their Chief Officers and those Disputes produced great Heats and Animosities I thought it my Duty both as a Protestant and an English-man to use my utmost endeavours for putting an end to such Disputes that so the Cause being remov'd the Effects might cease To this purpose I suppose the publication of the following Sheets will be judged very seasonable by all unbiass'd Men for whereas these Disputes and Heats have engendered many Phamphlets which have rather added fuel to then extinguish'd the differences that have happen'd upon this occasion between the Citizens that adhere to the Lord Mayor and those that adhere to the Sheriffs Methinks this Argument though now almost two and thirty years old seems by Divine Providence to have been calculated for deciding the Differences aforesaid and I question not this good Effect if Men will lay aside Passion and Prejudice and entirely resign themselves to the conduct of Law and Reason upon both which we cannot doubt but the Argument is founded unless we should suspect want of skill in those three great Oracles of the Law One of whom was the late incomparable Lord Chief Iustice of the Court of Kings-Bench another one of the Iustices of the same Court and the third now living his Majesties Eldest Serjeant at Law And certainly if any man should be so absurd as to affirm that any one of these three much more that all three of them jointly should be mistaken in an Argument of such consequence he would discover more Ignorance than Malice August 26. 1650. The Report of the Committee appointed for Examination of the State of the Chamber of London ABout 1630. we find the Chamber to be indebted about the Sum of 050000 00 00 At Michaelmass 1649. the Accompt of the Chamber being then Cast up the Chamber was then in Debt Viz. To Orphans 169654 01 05½ 264066 14 09½ To other Persons for Principal Money 094412 13 04 The means whereby it came into Debt are either Extraordinary or Ordinary Extraordinary Anno   l. s. d.   A Gold Cup given the Prince 001191 04 05 1633. Presents given to the King Queen and Prince 003260 00 00 1634. A Jewel given the Queen 004000 00 00 1634. Entertainment of the King and Queen at Merchant-Ta●lors-Hall 001287 12 08 1634. Christening the Duke of York 000633 00 00 1639. A Cup of Gold given the Queen Mother and other Charges 001000 00 00 1639. Charges of the Charter 002355 00 00 1639. Given the King 010000 00 00 1639. Composition for Package and Scavage 004000 00 00 1649. Composition for London-Derry 012000 00 00 1639. To the Repair of St. Pauls 000600 00 00 1642. Entertainment of the King and Queen 001786 00 00   For Building the Bridge 006400 00 00   For Ship-money and setting out Ships to Sea 017218 00 00   By Gifts and Rewards to Officers for 20 years at 1200 l. per Annum 024000 00 00   By several bad Debts 089730 17 01     071739 14 01 Ordinary Charges for Marshal Causes for twenty years 035278 00 00 For Interest-money paid 20 years at 6000 l. per Annum 120000 00 00 By delivering up Bonds to be Cancell'd by Act of Common-Council in 1640. to several Persons for money lent them out of the Chamber 20 years before about 30000 l. Principal in all with Interest 060000 00 00 For Officers standing Fees for about 20 years at 1400 l. per An. 028000 00 00 For Workmens Wages for 20 years at 1000 l. per Annum 020000 00 00 Stuff for Reparation for about 20 years at 1600 l. per Annum 030400 00 00 The totall sum given lost and expended for about 20 years is 455148 11 02 Present Mr. Sheriff Pack Mr. Ald. Chiverton Col. Mumering Mr. Cole Mr. Barbone Mr. Dallison Mr. Ald. Hayes Mr. Ald. Titchborne Mr. Gibbs Mr. Bolt●n Mr. Adams Mr. Manton August 26. 1650. Those Men being very sensible of this horrid abuse of the City that the Chamber which hath been esteemed like that among the Romans a Sacred Treasury for safety and pitying the Orphans cryes And searching how the City came to be thus Bankrupt it was found that the chief Officers had been very faulty and thereupon it was considered how they were Elected and there arose the Question about the Right of Electing the chief Officers of the City And it came into Debate whether the Livery-Men ought to be the Electors as now they are Thereupon the Companies of London Petitioned the Court that they might continue their Elective Power And divers Freemen of the City Petitioned for the Abolishing that Power of the Liveries or Companies the Petitions are these To the Right Honourable the Lord Mayor of the City of London and to the Right Worshipful the Aldermen his Brethren and the Commons in Common-Council Assembled The Humble Petition of the several Companies and Societies of the City of London Humbly Sheweth THat whereas it appeareth That heretofore for divers years many great differences did arise within this City touching the Election of the Lord Mayor and Sheriffs to the great disturbance of the Peace thereof the said Elections being made divers and several ways and with continual alterations and often disturbances viz. in the seventh year of King Edward the third by the Mayor and Aldermen together with the most sufficient men of every Ward in the Eighth year of the said King as the King's Proclamation then commanded By the Aldermen and the most discreet and ablest Citizens of the City In the twentieth year of that King by the Mayor and all the Aldermen and twelve eight or six of every Ward according as the Ward should be great or small of the richest and wisest men of every Ward In the fiftieth year of the said King by a certain number of the good men of the several Mysteries their Names being certified by the several Companies In the eighth year of King Richard the Second by the Common-Council and the most sufficient men of the City In the ninth year of that

or about Government could give a right to that Power all the foundations of just Government were overturned and by consequence it were not right or just to take away an usurped Power if the Usurpers be grown old Next the Gentleman is pleased before he comes to his material Arguments to insinuate strange huge dreadful monstruous Consequences that would ensue in case any man shall deny his Assertions he is pleaded to say What strange consequences would ensue if we should say for 190 years all the Lord Mayors or Sheriffs of the City of London have been unlawfully chosen but suppose that which he suggests that the Mayors have been chosen unlawfully so long 't is time then to provide for a lawful choice and the continuance of the un●awful will breed more of M. Maynard's monstruous consequences and if it be unlawful 't is not forbearing to say so that will amend the Consequences But now the Gentleman comes to his Position and saith That this Government that is now is lawful The Gentleman might have pleased to have spared that I did not yet assert that the Government that is now is unlawful yet he may take some answers to his Arguments or rather Authorities for the legality of it The 1st Ground he builds upon for the lawfulness of this Government is the Opinion of the Judges which makes a huge Cry But by the way the question is not now concerning the Government but only concerning the choosers or electers of the Governours the Government may be the same still though the manner and way of electing these Governours may be altered from what it is at present Yet to that Opinion of the Judges which makes the great noise in the Court Oh saith he 't is the Opinion of all the learn'd Iudges and then he paraphrases upon the goodness honesty learning and fame of the Judges that were named in the Book produced It may be those Gentlemen of the Long Robe were Black-Swans yet the Argument from Authority is none of the strongest 'T is not a very good consequence that the thing is just because good men thought so Yet under favour the Opinion of the Judges I take to be not the most certain or unalterable amongst men nor the most unbyassed by their own Interest I believe if a man should go to the 12 Judges he shall scarce find 4 or 3 of the 12 of the same opinion in a dubious case yet if there were more that agreed the late opinion of the Judges in the case of Ship-Mony may inform us how free the Judges opinions are from the Byass of private Interest in such 〈…〉 how fit 't is for us to depend upon them but however the opinion of the ●●ges produced by Mr. Maynard I crave leave to affirm to be against him in this Case at least not for him I desire it may be read The Case of Corporations touching the Election of Governours in the fourth of the Lord Cooks Reports fol. 77 78. In the same Term at Serjeants-Inn in Fleet street it was demanded of the chief Justices Popham and Anderson and Periam chief Baron of the other Justices That where divers Cities Burroughs Towns are incorporate by Charters whether by the name of the Mayor Commonalty or the Mayor Burgesses of the Bailiffs Burgesses c. or the Aldermen Burgesses or the Provost Sheriffs or Burgesses or the like in the said Charters it be prescribed that the Mayor Bailiffs Aldermen Provosts shall be chosen by the Commonalty or Burgesses of the ancient usual Elections of Mayor Baiiffs Provosts by a certain chosen number of the chief of the Commonalty or of the Burgesses commonly called the Common Council or by other name not in general by all the Commonalty or Burgesses or not by so many of them as will come to the Election shall be good in Law forasmuch as by these words of the Charters the Election shall be indefinitely by the Commonalty or all the Burgesses And which Question being of great importance and consequence was r●ferred by the Lords of the Council to the Justices to know the Law in that case for that divers attempts were now of late in divers Corporations contrary to the ancient usage to make popular Elections it was resolv'd by the Justices upon great deliberation and upon conference had amongst themselves that such ancient usual Elections were good and well warranted by their Charter and by the Law also for in every of their Charters they have power given them to make Laws Ordinances Constitutions for the better Government Order of their Cities or Burroughs by force of which for avoiding popular confusion they by their common assent constitute or ordain That the Mayor Bailisfs or other principal Officers shall be chosen by one certain select number of the principal of the Commonalty or of the Burgesses as is aforesaid prescribe also how such selected numbers shall chuse such Ordinances Constitutions was resolved to be good allowable agreeable with the Law their Charters for avo●ding of popular disorder confusion although that no such Constitution or Ordinance can be sh●wed yet it shall be presumed intended in respect of such special manner of ancient continual Election which special Election is not begun without common consent that at the first la●e Ordinance or Constitution was made such reverend respect of Law doth give to ancient continual allowance usage as it had been within time of Memory And the custom of most faithful Antiquity is to be esteemed the things which are done contrary to the custom usage of the Ancients either please or seem right the frequency of the Act premiseth much and according to that Resolution the ancient and continual Usages have been in the Cities of London Norwich and other ancient Cities Corporations And God defend that they shall be now innovated or altered for that many and great Inconveniences will arise upon the same all which the Law hath well prevented as appears by that Resolution First My Lord observe that the Question here resolved is not our Question the Question here resolved was this Whether an Election of a Mayor not made by all the Commonalty in a Corporation or at least as many as would come was good in Law But our present question is only this Whether the Commonalty of this City ought not to have their Representers to chuse the Lord Mayor So that we do grant that an Election not made by all the Commonalty may be good Now my Lord observe the Judges Resolution of the Question they resolve that an Election made by the Mayor and Aldermen and a certain chosen number of the choice of the Commonalty is good in Law We concur with the Judges keeping close to their words A certain chosen number of the Commonalty to those other words of theirs viz. Such ancient usual Elections that is to