THE CHARTERS OF LONDON: OR, The ſecond Part of Londons Liberty in Chaines Diſcovered. In which by the ancient, rationall, and fundamental Charters of the famous City of London, is proved and declared, that it is the true and undeniable right of all and every the Barons, Burgeſſes, Free-men, or Commoners of London, to have their free〈◊〉in chuſing out, annually from amongſt themſelves, a Lord Major, two Sheriffes, and all their Aldermen; which Aldermen are annually to be removed by the Commons of every Ward; and being removed, may not be choſen again for the enſuing yeare, but others by common conſent are to be put into their places. Alſo it is declared, to be the right of the ſaid Barons or Common to chuſe the Bridge-maſters, Chamberlain, Common-Clerk, and Common-Sergeant, &c. of the City of London, and to be removed by them when they pleaſe. All which priviledges, with many others, they are now rob'd of, by their laſt incroaching, and uſurping, illegall Lord Majors & Aldermen, &c. Unto which Charters〈◊〉annexed, a Diſcourſe, to prove, that though Kings or Parliaments may confirme unto the people their rights, freedoms, and liberties; yet it lies not in their poweer to take them from them againe when they pleaſe; no, not at all: becauſe all be truſted powers are (as both Kings & Parliaments, & all other Magiſtrates whatſoever are,) & ought always to be, for the good of the Truſters, and not for their miſchief and hurt. In which is alſo proved, that all Pattentee-Monopolizing-Corporations•…e againſt, and deſtructive to the fundamental Laws of England; and that it is impoſſible for juſtice, peace, or proſperity, to flouriſh in this Kingdom, till they be all aboliſhed. With divers other things worth the knowledg of all the Free-men, not only of London, but of all England.
For whoſe good this is publiſhed by Lieut. Col: John Lilburn, priſoner in the Tower of London, for the common liberties of the Kingdome againſt the uſurpations of the Houſe of Lords.
But he ſhall learn to fear the Lord his God, to keep all the words of this Law, and theſe Statutes, to do them; that his heart be not lifted up above his Brethren, and that he turn not aſide from the Commandement to the right hand or to the left.
Printed at London. Decemb. 18. 1646.
Reader, the ſhortneſſe of time, the abſence of the Authour, and the difficulty of the Language in the Charter, not being ordinary Latin, but ſuch as Lawyers uſe, which is ſo far above my capacity, that cauſed me to erre when I uſed the beſt skill I could in my Art. Pardon me therefore (I pray thee) and with thy wiſdome, learning, and good diſpoſition, help me in this caſe. And for the faults in the Engliſh, the meaneſt capacity may bee helped thus:
Page 3. line 27. for Servants r. Serjeants, p. 32. l. 14. for nay, r. wee. l. 35. r. take undue. p. 33. l. 9. for bu•…•…be. l. 21. for ity, r. City, p. 36. l. 2. r. is their right. l. 10. for as Magiſtrate. r. as a Magiſtrate p. 37. l. 1. for Truſtees, r. truſters, l. 4. r. indenoſonizing of a few, to undenoſonize. l. 8. for divels, r. diveliſh. l. 12. for evill, r. evils. p. 40. l. 11. r. and intollerable. l. 26. for ſurreptious, read ſurruptitious, &c.
FEllow Citizens, I reade in the 1 Kings 21. that when Ahab though a King came unto honeſt Naboth, not by his prerogative to take his Vinyard from him, but to deſire it of him (for a garden of herbes, becauſe it was neere unto his Houſe) for a valuable conſideration; Naboth returnes his King this Anſwer, the Lord forbid it me, that I ſhould give (or part with) the INHERITANCE OF MY FATHERS VNTO THEE; Therefore much more I hope, without offence may you and I ſay to our prerogative maſters of London, who have already robd us by their meer prerogative pleaſure (although they be far inferiour to the King) not of our Vinyard, (a ſmall thing in Compariſon) but of our naturall, rationall, nationall, and legall liberties, and freedoms, and ſo as much as in them lyes, have made us ſlaves and vaſſals to their wills and pleaſures: by meanes of which they do lay oppreſſions and burthens upon us, able to breake the backs of Pack-Horſes themſelves, and therefore ſeeing the knowledge of it in ſome meaſure, is come to our underſtanding, and dayly every day more and more is likely ſo to do; I hope it will be no blaſphemy againſt God and the King, nor an Act deſerving Naboths portion, to be ſtoned to death; to ſay unto our prerogative, uſurping, and incroaching Maſters, God forbid, that we ſhould be ſuch villains and traytors to our ſelves, as to ſuffer you to rob and ſteal from us (and run away with) the inheritance of our Fathers, and the Birth-right of us and our children) our Fundamentall Lawes and Liberties, Franchiſes and Priviledges, that God, Nature, and the juſt Cuſtomes of the Land in which wee live, hath given us, and for which we have been fighting above this 3. years. For my part, though all of you ſhould be ſo ſottiſhly2 baſe, and•…ardly,〈◊〉to〈◊〉, and like Iſſac〈◊〉•uch under your burthens; yet though I ſhould not find one man amongſt you all of my mind, I am reſolved to ſend the loudeſt Hue-and Cry after them that poſſible I can, for the regaining of my Liberties, Freedoms, and juſt Priviledges; though I ſhould by the iniquity of the preſent forſworn, tyrannizing, oppreſſing, and invaſſalizing times, pay as dear for my ſo doing, as Naboth did for his unwillingneſſe to part with his Vineyard his Inheritance.
My Hue-and-Cry after theſe London prerogative Robbers, I begun in my late book, called LONDONS LIBERTY IN CHAINES DISCOVERED, printed in Octob. laſt: the ſecond part of which Hue-and-Cry this preſent diſcourſe is; But here I muſt crave leave to acquaint you my fellow-Citizens, that by〈◊〉of thoſe many difficulties which accompanie the Preſſe (wh•…makes their proceedings very ſlow) my preſent Hue-and-Cry cannot be ſo loud, as I intended it, becauſe I would fain have you to have the ſight of ſo much, as herein you ſhall reade, before the day you chuſe Common-Councell men; after which, you may ezpect an APPENDIX to this Diſcourſe of ſome length, and alſo, all the reſt of your CHAPTERS at large, with obſervations upon them, deducted from the Fundamentall Lawes of the Kingdom: in which Diſcourſe, you ſhall find ſuch a pack of jugling knavery, as your eyes never read before.
Only this at preſent, I ſhall deſire you to take notice of, that the City-prerogative Champion, Irenaeus Lyſimachus, the Author of the rotten and putrified book, called Bellamius Enervatus, and Col. John Bellamy (a kinſman to the Wethercocks) in his late Anſwer to the ſaid book, called Lyſimachus. Enervatus, Bellamius Reparatus, and in his Plea for the Commonalty of London, ſpends much pains, pro and con, to find out, whether or no the L. Major, & Aldermen of London have an abſolute negative voyce in the common Councel; both whoſe Diſcourſes do not at all pleaſe me, nor ſhew the true rights and priviledges of the Commons of London: and therefore, I ſhall lay down this poſition, and challenge all the City-prerogative-Champions, to a ſingle combate, to make it good againſt them all; the Propoſition is this,that the preſent Lord Major, and the preſent Court of Aldermen have no right3 at all, to give any vote at all in the Comon-Councell, of ſo much as to be preſent there:And my Reaſons are theſe that follow:
Firſt of all, the preſent Lord Major is no legall Lord Major, nor the preſent Aldermen, no legall nor true Aldermen, and therefore have no true right at all in any ſence to come there; out as Delinquents to receive condigne puniſhment, by being disfranchiſed for their uſurpations and incroachments, as by the Charter of Edward the 2. they ought, pag. 30, 31, &c. And that the Lord Major is no legall Lord Major, I thus prove.
Firſt, becauſe by the 4. Charter of King John granted to the BARONS of London (which is every Free man) in the 9 of May, in the 16. year of his raign; and by the Charter of Henry the 3. which you may read in the following Diſcourſe, pag. 28. 29. there is power given to the BARONS OF LONDON, that they may of themſelves, chuſe from amongſt them•…〈…〉Major, which priviledge is confirmed by K. Ed. the 2. at the earneſt deſire of the Major, Aldermen, and the reſt of the Citizens; as you may read in the 30. pag. following & which priviledge is confirmed to a•…the Citizens of London, by Magna Charta, chap. 9. and 1. E. 3. 9. 14. E. 3. 119. H. 4. 1 and by the ſtatutes of Edward the 1. called articuli ſuper chartas, chap. 1. in which ſtatute is alſo a power given to the Commonalty in every Shire Court, to chuſe the Juſtices of the Peace for their reſpective Counties; which ſaid Commons have power by the ſtatutes of the 18. E. 1. 8. & 13. chapters, to chuſe their own Sheriffes in every Shire; and this manner of popular elections is granted to be the right of all the Free-men of London, by both the fore-mentioned Authors. But this Lord Major is not in the leaſt legally choſen. Reade the fore-mentioned firſt part of this Diſcourſe, page 8,•…, 13, 14, 15. Ergo, he is no true nor legall Lord Major: And the ſame I ſay of all the Aldermen.
My ſecond reaſon to prove the fore-mentioned Propoſition is this, becauſe that if the King have no legiſlative power in himſelf, as the Parliament proves in their Declarations of the•…. May, 1642. and 2. Novemb. 1642. and which begins in the•…〈◊〉of the collection of Dec. page 262. 686. and which Mr Pryn much more praves in the ſecond part of his Soveraign power of Parliaments, p 73, 74, 75, 76, 77, &c. which book is publiſhed by ſpeciall authority from4 the Houſe of Commons, as appeares by the Title page thereof: now if this be true, then I affirme, he cannot give or depute a legiſlative power to the Lord Major, and Aldermen of London; no, not to his Lords, who pretendedly call themſelves the Vpper Houſe of Parliament: for it is impoſſible, for him to give that to another, which is not inherent in himſelf: But the Lord Major and Court of Aldermen, for any thing I can perceive, either by their Champion, or any other; lay no claime to their pretended power of voting to make Lawes in the Common-Councell; but the authority of the prerogative-Charter of Edward 3. which in ſuch a caſe is not worth a button.
My third reaſon to prove the propoſition is this; becauſe the only and ſole legiſlative Law making power, is originally inherent in the people and d•…vatively in their Commiſſions choſen by themſelves by〈◊〉conſent, and no other. In which the pooreſt that lives, hath as true a right to give a vote, as well as the richeſt and greateſt; and I ſay the people by themſelves, or their legal Commiſſions choſen by them for that end, may make a Law or Lawes to govern themſelves, and to rule, regulate, and guide all their Magiſtrates (whatſoever) Officers, Miniſters, or Servants, and ought not in the leaſt to receive a Law from them, or any of them, whom they have ſet over themſelves, for no other end in the world, but for their better being, and meerly with Juſtice, equity, and righteouſneſſe, to execute the Lawes that they made themſelves, and betruſted them with, as the publique executors or diſpenſors of. But the Lord Major and Aldermen (admit there were no exceptions againſt the manner of their coming into their Offices) were never choſen by the Commons of London, not in the leaſt, to ſet in Common-Councell to vote and make Lawes to binde them, but meerly, and at the moſt, are Officers choſen and betruſted for no other end at all, but for the better being, peace, and proſperity of the City, to execute the juſt Lawes of the Kingdome already made in Parliament, by common conſent of the whole Kingdom; and therefore have no right at all in no ſence, to ſet in Common-Councell, there to vote, and make Lawes to bind the Citizens. And therefore, O my fellow-Citizens, I deſire you to bee wiſe, and looke about you, and not ſuffer theſe Mungrell, uſurping, incroaching, pretended Aldermen, to Lord paramount5 it over you, as they uſed to do at your election of your Common-councell men: at which election, (for any thing I know, or can heare of) they ought not to be preſent at all, unleſſe they come as particular citizens to give a ſingle voyce, in chuſing their (as well as your) Common-councell men, whoſe principall office and work it is by vertue of their deputed power derived from you, to call all your City Magiſtrates, Miniſters, and publick ſervants, to an account, and to diſ-franchiſe all thoſe that have endeavoured the deſtruction of Londons juſt liberties, and to know of them what they have done with thoſe many hundred thouſands of pounds, that yearly is paid into the Chamber of London, which ought principally by right to be laid out to pay or defray the publick charges of the City, and taxations of the City that are laid upon it by common conſent in Parliament,〈…〉ſpent in hugger-mugger, and lai•out for ſuch〈…〉and put into the pockets or purſes of ſuch, as it was never〈◊〉for. Look to it you Lord Major and Aldermen, brethren in evill: for I profeſſe there is the moſt notorious jugling and cheating amongſt you, that is amongſt any generation of men in England; which I hope, in the deſpite of you all, to live in ſome good meaſure to anatomize to my fellow-citizens, whom, before I conclude, I ſhall deſire to take notice of foure things, as the moſt peſtilent evils in the world, amongſt the ſonnes of men, and they are theſe:
Firſt, the Popes unwritten•…ties. Secondly, Kings unlimited Prerogatives. Thirdly, Parliaments unknown Priviledges. Fourthly, the Lord Major, Court of Aldermen, and the reſt of the Prerogative men of Londons implicit faith, who in the ſecond deſire of their moſt pernitious Atheiſticall, Papiſticall Remonſtrance, pag. 7. would have all thoſe fully declared againſt, and ſome effectuall courſe ſetled, for proceeding againſt all ſuch perſons as will not be conformable to the publick Diſcipline eſtabliſhed, or to be eſtabliſhed. What ever it be, it matters not, although it be never ſo much againſt juſtice, reaſon, equity, conſcience, and the word of God.
By means of ſome of theſe foure, ariſeth all thoſe Monopolizing and ingroſſing Patentee corporations, that trouble the world: this poore Kingdome; yea, even this City, a great number of whoſe members, by reaſon thereof, are (as I am informed) forced6〈…〉
But〈…〉you (my fellow-citizens) ſeeing your Commo•…〈…〉upon them to be imp•…〈…〉power, as they〈…〉your ſelves,〈…〉and let〈…〉and no further〈…〉Co•…oners ſitting in Parliament, who〈…〉power to lay taxes upon you, and therefore I〈…〉the jurisdiction of the Common-councell of〈…〉, eſpecially ſeing there is no need nor neceſſity of it,〈◊〉(as I am informed) that the annual treaſure of the〈◊〉of London, is above five hundred thouſand pounds, which ought to be•aid out to beare and defray the publick taxes and burthens of the City, and our own following Charters〈…〉how to aſſeſ your Parliament taxes〈…〉preſented to all you my〈…〉to God, and reſt,
De Confirmatione London.REX eiſdem ſalutem. Inſpeximus Cartam Dom. Henr. nuper Regis patris noſtri factam in haec verba, Hen. &c. Inſpeximus etiam tenorem Cartae Dom. H. quondam Regis Angl. progenitoris noſtri factam in hac verba:
Sciatis nos Conceſſiſſe Civibus meis London. tenend. Middleſex. per firmam pro 300. l. ad compotum ipſis & heredib. ſuis, de me & heredib. meis. Ita quod ipſi Cives ponent Vicecomitem qualem voluerint de ſeipſis & Juſtic. quemcunque vel qualem voluerint de ſeipſis ad cuſtoſtienda placita Coronae meae & eadem placitanda, & nullus alius erit Juſtic. ſuper ipſos homines London. & Cives non placitabunt extra muros Civitatis pro ullo placito, & ſint quieri de Schot & de Lot. & de danegeld, & de murdro & nullus eorum faciat bellum. Et ſi quis Civium de placitis Coronae implacitatus fuerit (per ſacram quod iudicatus fuerit in Civitate;) ſe diſrationet. homo London. Et infra muros Civitatis nullus hoſpitetur neque de mea familia, neque de alia vi alicui liberatur. Et omnes homines London. ſint quieti & liberi, & omnes eorum res per totam Angl. et per portus maris de theloneo & paſſagio, & leſtagio, & omnibus aliis conſuetud. 〈1 page duplicate〉1〈1 page duplicate〉2& Eccleſiae, & ſinguli Barones & Cives habeant & teneant bene & in pace ſocas ſuas cum omnibus conſuetud. Ita quod hoſpites qui in ſocis hoſpitabuntur nulli dent conſuetudines niſi illi cujus ſoca fuerit, vel miniſtro ſuo quem ibi poſuerit. Et homo London. non judicetur in ameraiam. pecuniae niſi ſawere, ſcil. ad C. s. dico de placito quod pecuniam ad pertineat. Et amplius non ſit miskennine in huſtengo, neque in Folkeſmot, neque in aliis placitis infra Civitatem. Et Huſtengum ſedeat ſemel in hebdome; viz. die Lunae. Et terras & vadimonia & debita Civibus meis habere faciam infra Civitatem & extra, & de terris de quibus ad me clamaverint rectum eis tenebo lege civitatis. Et ſi quis theloneum vel conſuetud. à civibus meis London. ceperit; Cives London. in Civitate capiant de Burgo, vel de villa ubi theloneum vel conſuetudo capta fuerint quantum homo London. pro theloneo dedit & proinde de dampno receperit. Et omnes debitores qui civibus London. debita debent eis reddant in London. vel in London. ſe diſrationent quod non debent quod ſi reddere noluerint, neque quod non debent ad diſrationand. venire; tunc cives London. quibus debita ſua debentur capiant namia ſua in civitate London. de Burgo vel villa, vel de Com. in quo manet qui debitum debet. Et cives London. habeant fugationes ſuas ad fugandum, ſicut melius & plenius habuerint anteceſſores eorum; ſcil. in Chiltre, & Middleſex, & Surr,
Inſpeximus inſuper cartam Dom. Henrici ſecundi quondam Reg. Angl. progenitoris noſtri factam in haec verba:
Sciatis me conceſſiſſe Civibus meis London. quod nullus corum placitet extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis Monetariis & Miniſtris meis. Conceſſi etiam eis quietanciam murdri infra urbem & in portſoca. Et quod nullus eorum faciat duellum: & quod de placitis and Coronam pertinentib. ſe poſſint diſrationare ſecundum3 antiquam conſuetud. civitatis praedictae. Et quod infra muros Civitatis nemo capiat hoſpitium per vim vel per liberationem Mareſcalli. Hoc etiam eis conceſſi quod omnes Cives Lond. ſint quieti de theloneo & leſtagio per totam Angli. & per portus maris, & quod nullus de amerciam. pecuniae judicetur. niſi ſecundum legem civitatis quam labuerunt tempore Reg. H. avi mei. Et quod in Civitate in nullo placito ſit meskeninga, Et quod Huſtingum ſemel tantum in hebdomade teneatur: & quod terras ſuas & tenuras & vadimonia & omnia debita juſtè habeant, quicunque eis debeat, & de terris ſuis, & tenuris quae infra urbem ſunt, rectum eis teneatur ſecundum conſuetudinem civitatis. Et de omnibus debitis ſuis quae accommodata fuerint apud Lond. & de vadimoniis ibidem factis placita apud Lond. teneantur. Et ſi quis in tota Anglia theloneum, vel conſuetudinem ab hominibus Lond. ceperit poſtquam ipſe à recto defecerit vic. Lond. nanium inde apud Lond. capiat. Concedo etiam eis quod habeant fugaciones ſuas ubicunque eas habuerint tempore Reg. H. avi mei. Inſuper etiam ad emendationem civitatit; eis conceſſi quod omnes ſint quieti de Brudtol, & de Childwite, & de Iereſgiene, & de Scotale. Ita quod Vic. meus Lond. vel aliquis alius Baillivus ſcotale non fac. Has praedict. conſuetud. eis concedo, & omnes alias libertates, & liberas conſuet. quas habuerunt tempore Reg. H. avi mei, quando meliores vel liberiores habuerunt. Quare volo & firmiter pracipio quod ipſi & heredes eorum haec omnia praedicta hereditarie habeant & teneant de me & de meis hered.
Inſpeximus etiam cartam Dom. Ric. primi quondam Regis Angliae progenitoris noſtri factam in haec verba.
Sciatis nos conceſſiſſe Civibus noſtris London, quod nullus eorum placitet extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis monetariis & miniſtris noſtris. Conceſſimus etiam eis quietantiam4 murdri infra urbem, & in Portſocha, & quod nullus eorum fac. duellum. & quod de placitis ad coronam pertinent. ſe poſſint diſrationare ſecundum antiquam conſuetud. civitatis. Et quod infra muros civitatis nemo capiat hoſpitium per vim, vel per liberationem Mareſcalli. Haec etiam eis conceſſimus quod omnes cives Lond. ſint quieti de teloneo & leſtagio per totam Angliam, & per portus maris. Et quod nullus de amerc. pecuniae judicetur, niſi ſecundum legem civitatis quam habuerunt tempore Regis Henrici avi Henr. patris noſtri. Et quod in Civitate in nullo placito ſit miskenninga. Et quod huſtingum ſemel tantū in hebdom. teneatur, & quod terras ſuas & tenuras & vadimonia, & debita omnia juſtè habeāt quicunqueeis debeat & de terris ſuis & tenuris quae infra urbem ſunt, rectum eis teneatur ſecundum conſuetudinem civitatis, & de omnibus debitis ſuis quae accommodata fuerint apud London. & de vadimoniis ibidem factis placita apud London. teneantur. Et ſi quis in tota Anglia teloneum vel conſuetudinem ab hominibus London. ceperit poſtquam ipſe à recto d•fecerit; Vic. London. nanium inde apud London. capiat. Concedimus etiam eis quod habeant fugaciones ſuas ubicunque eas habuerunt tempore Reg. H. avi Henr. patris noſtri. Inſuper etiam ad emendationem civitatis, eis conceſſimus quod omnes ſint quieti & de Bridtol & de Chidwite, & de Iereſgiene, & de Schothale. Ita quod Vic. noſt. Lond. vel aliquis alius Ballivus Scothale non fac. Has praedictas, conſuetudines eis concedimus & omnes alias libertates & liberas conſuetudines quas habuerunt tempore Reg. Henrici avi Henr. patris noſtri quando meliores vel liberiores habuerunt. Quare volumus & firmiter praecipimus, quod ipſi & heredes eorum haec omnia praedicta hereditarie habeant & teneant de nobis & Heredib. noſtris.
Inſpeximus etiam quandam aliam Cartam ejuſdem Dom. Reg. Progenit. noſtri factam in haec verba.
Noverit univerſitas veſtra, nos pro ſalute animae noſtrae, & pro ſalute animae H. Reg. patris noſtri, & animarum anteceſſorum noſtrorum necnon & pro communi utilitate civitatis noſtrae London. & totius regni noſtri; conceſſiſſe, & firmiter praecepiſſe, ut omnes Kiddelli qui ſunt in Thamiſia amoveantur ubicunque fuerint in Thamiſia: & ne de caetero Kidelli alicubi ponantur in Thamiſia. Quietura etiam clamavimus omne id quod Cuſtodes Turris noſtrae London. annuatim percipere ſolebant de predictis Kidellis. Quare volumus, & firmiter praecipimus, ne aliquis Cuſtos prefatae Turris aliquo tempore poſt hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen ſive moleſtiam alicui inferat occaſione praedictorum Kidellorum: ſatis enim nobis conſtat & per venerabilem patrem noſtrum Hub. Cantuar. Archiepiſcopum, de per alios fideles noſtros nobis ſufficienter datum eſt intelligi; quod maximum detrimentum & incommodum praedictae civitati noſtrae London. necnon & toti regno noſtro occaſione illorum Kidellorum proveniebat. Quod ut firmum & ſtabile perſeveret in perpetuum praeſentes paginae inſcriptione & ſigilli noſtri appoſitione communivimus.
Inſpeximus etiam Cartam Domini Johannis quondam Reg. Angl. progenitor's noſtri factam in haec verba:
Sciatis nos conceſſiſſe civibus noſtris London, quod nullus eorum placitet6 extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis Monetariis & Miniſtris noſtris: Conceſſimus etiā eis quietanciam murdri infra urbem & in portſocha: Et quod nullus eorum fac. duellum, & quod de placitis ad coronam pertinen. ſe poſſint diſrationare ſecundum antiquam conſuetudinem civitatis: & quod infra muros civitatis neque in portſocha nemo capiat hoſpitium per vim vel per libertationem Mariſcalli. Hoc etiam eis conceſsi. quod omnes cives London. ſint quieti de teloneo & leſtagio, & omnia alia conſuetud. per omnes terras noſtras citra mare, & ultra, & per portus maris citra mare & ultra. Et quod nullus de amerciam. pecuniae judicetur niſi ſecundum legem civitatis quam habuerunt tempore Reg. Hen. avi Henrici patris noſtri: & quod in civitate in nullo placito fit miskenninga: Et quod huſtingum ſemel tantum in hebdomada teneatur, & quod terras ſuas & tenuras, & vadimonia, & debita omnia juſtè habeant, quicunque eis debeat & de terris ſuis & tenuris quae infra urbem ſunt; rectum eis teneatur ſecundum conſuetudinem civitatis, & de omnibus debitis ſuis quae accommodata fuerint apud Londinum, & de vadimoniis ibidem factis placita apud London. teneantur: Et ſi quis in aliqua terrarum noſtrarum citra mare vel ultra, ſive in portubus maris citra mare vel ultra; teloneū vel aliquam alium conſuetudinem ab hominibus London. ceperit; poſtquam ipſe à recto defecerit, Vic. Lond. namium inde apud London capiant. Concedimus etiam eis quod habeant fugaciones ſuas ubicunque eas habuerunt tempore Regis H. avi Henr. patris noſtri. Inſuper etiam ad emendationem civitatis eis conceſsimus, quod omnes ſint quieti de Bridtol & de Childwite, & de Iereſgiene, & de Scotale. Ita quod Vic. noſtr. Lond. vel aliquis alius Ballivus Scotale non fac. Has praedictas conſuetudines eis conceſsimus & omnes alias libertates & liberas conſuetudines quas habuerunt tempore Regis Henrici avi Henrici patris noſtri quando meliores vel liberiores habuerunt. Quare volumus & firmiter praecipimus quod ipſi & heredes eorum haec omnia praedicta hereditarie & integre habeant & teneant de nobis & heredib. noſtris.
Inſpeximus etiam quandam aliam Cartam ejuſdem Domini Johan. factam in hac verba:
Sciatis nos conceſsiſſe & praeſenti carta noſtra confirmaſſe, civibus London. Vicecom. Lond. & de Middleſex, cum omnibus rebus & conſuetudinib. quae pertinent ad praedict. Vicecomit. infra civitatem & extra per terras & per aquas: Habend. & tenend. eis, & heredibus ſuis finabiliter de nobis & hered. noſtris: reddendo inde aunuatim nobis & heredib. noſtris tres cent. lib. Sterlingorum blancorum duobus terminis anni; ſcilicet ad ſcaccar. Paſch. centum & quinquaginta lib. Et ad ſcaccar. ſancti Mich. centum & quinquaginta lib ſalvis civibus London omnibus libertatibus & liberis conſuetud. ſuis. Et praeterea conceſsimus civibus London. quod ipſi de ſcipſis faciant Viceconi quoſcunquevoluerint & amoveant quando voluerint & eos quos fecerint Vic. praeſentent Iuſtic. noſtris qui reſpondeant nobis vel Iuſtic. noſtris ad Scaccar. noſtrum de hiis quae ad praedictum Vicecom. pertinent ex quibus nobis reſpondere debent, & niſi ſufficienter reſponderint & ſatisfecerint; cives London. reſpondeant & ſatisfaciant de amercia. & firma ſalvis eiſdem civibus libertatibus ſuis, ſicut praedictum eſt. Et ſalvis Vic. eifdem libertatibus quas alii cives London habent. Ita ſcilicet quod ſi illi qui pro tempore fuerint Vicecom. conſtituti aliquid delictum fecerint unde amerciam pecuniae debeant incurrere; non judicentur ad plus niſi ad amerciam. viginti librarum & hoc ſine dampno aliorum civium ſi Vic. non fufficiant ad amerc. ſuorum ſolutionem. Si vero aliquod delictum fecerint, per quod periculum vitae vel membrorum incurrere debeant; judicentur ſicut judicari debent per legem civitatis: de hiis autem quae ad praedictum Vic. pertinent reſpondeant Vicecom. ad Scaccar. noſtrum coram Iuſtic. noſtris: ſalvis eiſdem Vic. libertatibus quas alii8 cives Lond. habent. Hanc vero conceſsionem & confirmationem fecimus civibus Lond. propter emendationem ejuſdem civitatis, & quia antiquitus conſuevit eſſe ad firmam pro recentis libris. Quare volumus & firmiter praecipimus quod cives Lon. & heredes ſui praedictum Vicecom. Lond. & de Middelſex, cum omnibus ad praedictum Vicecom. pertin. habeant & teneant de nobis & hered. noſtris finabiliter, & hereditarie libere & quiete honorifice & integre per praedictam firmam treſcentarum librarum: & prohibemus ne aliquis civibus London. aliquod gravamen vel impedimentum, vel diminutionem, de hiis quae ad praedictum Vicecom. pertinent vel pertinere folebant facere praeſumat. Volumus etiam & praecipimus quod ſi nos, vel hered. noſtri, vel aliquis Iuſtic. noſtrorum aliquid dederimus vel conceſſerimus alicui de hiis quae ad firmam praedicti Vicecomit. pertinent. illud civibus Lond. in acquietatione firmae ſuae ad Scaccar. noſtrum annuatim computetur.
Inſpeximus inſuper quandam aliam Cartam praedicti Domini Iohan. progenitoris noſtri factam in haec verba.
Noverit univerſitas veſtra, Nos pro ſalute animae noſtrae, & pro ſalute animae H. Reg. patris noſtri, & animarum anteceſſorū noſtrorum, necnon & pro communi utilitate civitatis noſtrae London & totius regni noſtri; conceſsiſſe & firmiter praecepiſſe, ut omnes Kidelli qui ſunt in Thamiſia vel in Medeway ubicunque fuerint in Thamiſia, vel in Medeway amoveantur, & ne de caetero Kidelli alicubi ponantur in Thamiſia, vel in Medeway ſuper forisfac. decem librarum Sterlingorum. Quietum etiam clamavimus omne id quod Cuſtodes Turris noſtrae London. annuatim percipere ſolebant de praedictis Kidellis. Quare volumus & firmiter praecipimus ne aliquis Cuſtos prefatae Turris aliquo tempore poſt hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen ſive moleſtiam1 alicui inferat occaſione praedictorum Kidellorum: ſatis enim nobis conſtat per venerab patrem noſtrum, Hub. Cant. Archiepiſcop. & per alios fideles noſtros, nobis ſufficienter datum eſt intelligi quod maximum detrimentum & incommodit praedict. noſt. civitati London. neenon & toti regno noſtro occaſione illorum Kidellorum proveniebat. Quod ut firmum & ſtabile perſeveret in perpetuum; praeſentis paginae inſcriptione & ſigilli noſtri appoſitione communimus hiis teſtibus,
Inſpeximus etiam quandam aliam Cartam praefati Dom. J. factam in haec verba:
Sciatis nos conceſſiſſe & praeſenti Carta noſtra confirmaſſe Baronibus noſtris de civitate noſtr•London. quod eligant ſibi Majorem de ſcipſis ſingulis annis qui nobis ſit fidelis diſcretus & idoneus ad regimen civitatis. Ita quod cum electus fuerit nobis vel Juſtic. noſtro ſi praeſentes non ſuerimus praeſentetur, & nobis juret fidelitatem & quod liceat eis ipſum in fine unni amovere, & alium ſubſtituere ſi voluerint vel eundem retinere. Ita tamen quod nobis oſtendatur idem vel Juſtic. noſtro ſi praeſentes non fuerimus. Conceſſimus etiam eiſ•…m Baronibus noſtris & hac Carta noſtra confirmavimus quod habeant bene & in pace quiete & integre omnes libertates ſuas quibus hactenus uſi ſunt tam in cicivitate London. quam extra & tam in aquis quam in terris & in omnibus aliis locis ſalva nobis Chamberlengeria noſtra. Quare volumus & firmiter praecipim•s quod praedicti Barones noſtri civitatis noſtrae London. eligant ſibi Majorem ſingulis annis de ſeipſis praedicto modo & quod omnes praedictas libertates bene & in pace integre & plenarie cum omnibus ad hujuſmodi libertates2 pertinentibus ſicut praed. eſt.
Inſpeximus inſuper quandam aliam cartam ſupradicti Dom. J. fact. in haec verba:
Sciatis nos ad petitionem Majoris & Civium noſtrorum London. Conceſſiſſe & praeſenti Carta confirmaſſe quod Guilda telaria, non ſit de caetero in Civitate London. nec ullatenus ſuſcitetur, &c.
Inſpeximus etiam quandam aliam cartam ejuſdem Dom. Hen. factam in haec verba:
Sciatis nos conceſſiſſe, & praeſenti Carta noſtra confirmaſſe, Baron. noſtris de Civitate noſtra London. quod eligant ſibi Majorem de ſe ipſis ſingulis annis, qui nobis ſit fidelis diſcretus, & idoneus ad regimen Civitatis. Ita quod cum electus fuerit, nobis vel Iuſtic. noſtro ſi praeſentes non fuerimus, preſentetur, & nobis juret fidelitatem. Et quod liceat eis ipſum in fine Anni amovere & alium ſubſtituere ſi voluerint, vel eundē retinere. Ita tamē quod nobis oſtendatur idem, vel Iuſtic. noſtro ſi preſentes non fuerimus. Conceſſimus etiam eiſdem Baronibus noſtris, & hac carta noſtra confirmavimus quod habeant bene & in pace libere quiete & integre omnes libertates ſuas quibus hactenus uſi ſunt, tam in Civitate London. quam extra, & tam in aquis, quam in terris & omnibus aliis locis, Salva nobis Chamberlegeria noſtra. Quare volumus & firmiter praecipimus quod praed. Barones noſtri Civitatis noſtra London. eligant ſibi Majorem ſingulis annis, de ſe ipſis, praedicto modo; Et quod habeant omnes praedictas libertates bene & in pace integre & plenarie cum omnibus ad hujuſmodi libertates pertientibus, ſicut carta dom. patris noſtri Johannis illuſtris Anglorum Regis quam inſpeximus rationabiliter Teſtatur.
3Inſpeximus etiam cartam dom. E. filii Regis. E. quondam Regis Angliae progenitoris noſtri factam in haec verba.
Sciatis quod cum dilecti & fideles noſtri Major, Aldermanni, ac caeteri Cives Civitatis noſtrae London. nuper pro meliors alone civitatis ejuſdē, ac pro com. utilitate habitantium in civitate illa, & confluentium ad eandem quaedam inter ſe ordinaſſent, & ſtatuiſſent in eadem Civitate perpetuo obſervanda, & nobis cum inſtantia ſupplicaſſent ut ea acceptare & confirmare curaremus, Nos inſpectis quibuſdam literis com. ſigillo Civitatis illius, ac ſigillo officii Majoritatis ejuſdem Civitatis ſuper praemiſſis patent. ſignatis, & nobis exhibitis, quoſdam articulos a literis praedictis elici, & eos in quibuſdam corrigi fecimus, prout inferius inferuntur videlicet. quod major & Vicecomites Civitatis praedictae per Cives ejuſdem Civitatis juxta tenorem cartarum progenitorum noſtrorum quondam Regum Angliae eis inde confecta tum eligantur, & non alio modo, & quod major Civitatis praedict. in officio Majoritatis illius ultra unum annum ſimul non moretur. Et quod nullus Vicecomitum Civitatis illius qui pro tempore erunt, habeat niſi duos Clericos, & duos ſervientes ratione officii illius, & quod tales clericos & ſervientes ſibi, ſuo periculo aſſumant, pro quibus voluerint reſpondere. Et quod Major Civitatis praed. dum Major fuerit, non habeat aliud officium ad Civitatem illam ſpectans quam officium Majoratus ejuſdem, nec ſibi attraliat ſeu coram ipſo teneat placitum vicecomitale in Camera Civitatis illius, nec alia placita quam illa quae ſecundum antiquam conſuetudinem Civitatis praed. tanquam Major tenere debet. Et quod Aldermanni Civitatis illius de anno in annum, & praecipue die ſancti Gregorii Papae, per dictam Cōmunitatem ſint amobiles & amoti anno ſequēti, non re-eligantur ſed loco amotorū alii eligantur per eaſdē Gardas de quibus ſic amoti Aldermanni fuerunt. Et quod taliagia, vel auxilia ad opus noſtrum, vel haered. noſtrorum, ſen pro ſtatu & commodo Civitatis praed. exnunc in eadem aſſidend. poſtquam per homines gardarum ad hoc electos ſeu deputatos aſſeſſa fuerunt per Majorem, Aldermannos, ſeu alios n•n augmententur, nec exaltentur niſi de com. cōſenſu majoris & cōmunitatis civitatis praed. & quod denarii de hujuſmodi tallagiis & auxiliis provenientes in cuſtodia10 quatuor proborum hominum communariorum Civitatis praed. per Cōmunitatem ejuſdē Civitatis, ad hoc eligendorum liberentur per teſtimonium eorundem quatuor hominum ulterius liberand. Ita quod iidem quatuor homines Communitatem praed. ad quod commodum, & quos uſus denarii illi devenerint valeant informare. Et quod nullus alienigena in libertatem Civitatis praed. admittatur niſi in huſtengo, & quod indigena, & praecipue Anglicus mercator de certo miſterio vel officio in libertatem Civitatis praed. non admittarur niſi per manuc aptionem ſex hominum proborū & ſufficientium, de miſterio vel officio, de quo ille erit qui in libertatem ſic eſt admittendus: qui quidem ſex homines manucapiant pro illo ſic admittendo de conſervando Civitatem praed. indempnem in illa parte & eadem forma manucaptionis obſervetur de alienigenis praed. qui in libertatem Civitatis praed. in huſtengo admittendi ſunt, ſi ſint de aliquo certo meſterio vel officio, & ſi non ſint de certo meſtero; tunc in libertatem ejuſdem Civitatis non admittantur ſine aſſenſu communitatis civitatis illius, & illi qui in libertatem Civitatis illius, poſtquam regimen regni noſtri ſuſcepimus contra formas praeſcriptas, ſunt admiſſi & qui contra ipſorum iuramentum, in hac parte preſtitum, vel contra ſtatum Civitatis illius venerunt, & inde legitime convincantur; libertatē amittant Civitatis praed. Salvo ſemper quod de Apprenticiis in eadēcivitate obſerventur modus & forma antiqui civitatis praed. Et quod ſingulis annis in praed. civit. quociens opus fuerit inquiratur ſi qui de libertate ejuſdem civitatis de bonis aliorum, qui non ſunt de eadem libertate in civitate illa mercandiſas excercuerint bona illa advocando propria ſua eſſe contra ipſorum juramentum, & contra libertatem civitatis praed, & illi qui inde legitime couvicti fuerint; libertatem ejuſdem civitatis amittant. Et quod omnes et ſinguli in libertate civitatis praed. exiſtentes & libertatibus ac liberis conſuetud. ejuſdem civitatis gandere volentes ſint in lotto & Schotto & participes omnium onerum pro ſtatu ciuitatis ejuſdem, & pro libertate ejuſdem manutenendum juxta ſacr. quod fecerunt quando ad libertatem illam admiſſi fuerunt, & qui hoc noluerit; libertatem ejuſdem civitatis amittat. Et quod omnes & ſinguli de libertate civitatis illius exiſtentes & extra eandem civitatem manentes, ac per ſe, vel per ſuos, mercandiſas ſuas infra dictam civitatem excercentes ſint in lotto15 & ſcotto cum communariis ejuſdem civitatis pro mercandiſis ſuis praed. vel aliàs a libertate ſua amoveantur. Et quod cōmune ſigillum civitatis praed. in cuſtodia duorum Aldermannorum & duorum aliorum communariorum per communarios civitatis illius ad hoc eligendorum remaneat & quod ſigillum illud non negetur pauperibus nec divitibus communariis de civitate praed. cum indiguerint dum tamen rationabiliter probare poterunt cauſam ſuaedemādae & quod pro appopoſitione ſigilli illius nichil capiatur. Et quod redditiones judiciorū in caria civitatis illius & praecipue poſt veredictum inquiſitionum captarum in caſibus ubi inquiſitiones captae fuerint, non retardentur niſi difficultas intervenerit, & ſi difficultas intervenerit; propter hoc non remaneant ultra tertiam Cur. faciendae. Et quod pondera & ſtaterae de mercandiſis inter mercatores & mercatores ponderandis de quibus exitus provenientes & cognitio eorundē ad cōmunitatem civitatis praed. pertinent in cuſtodia proborum & ſufficientium hominum de eadem civitate in officio illo expertorum & ad hoc per cōmunitatē praed. eligendorum remaneant ad voluntatem cōmunitatis illius cuſtodiend. & quod aliis, quam ſic eligendis nullatenus comittatur. Et quod vicecomites civitatis praed. qui prae tempore fuerint theloneum & alias cuſtumas, ad firmam ſuam pertinentes ac alia officia publica ad ipſos ſpectantia, & per alios excercend. ſi ea committere voluerint civibus ſufficientibus pro quibus ipſi vicecomites reſpondere voluerint, & non aliis committant, & ſi quis per dictos vicecomites ad aliquod praemiſſorum Deputatus, cuſtumam indebitam capiat vel aliter ſe geſſerit in officio illo quam debeat & ad ſectam conquerentis inde convincatur, ab officio illo amoveatur, & juxta ejus demerita pun•…tur. Et quod mercatores, qui nō ſunt de libertate civitatis praed. vina aliqua ſeu alia mercimonia infra eandem civitatem ſeu ſuburbia ejuſdem ad retalliam non vendant: Et quod abbroccatores aliquarum mercandiſarum in civitate praedicta de catero no•exiſtant, niſi per mercatores de meſteris in quibus ipſi obroccatores habeant officia ſua exercere ad hoc electi fuerint & ſuper hoc ſaltem coram Majore civitatis praedict. praeſtiterint juramentum. Et quod omnes hoſpitatores in civitate praedicta, & ſuburbiis ejuſdem, quam vis non ſint de libertate civitatis illius, ſint participes onerum per dictam civitatē pro ſtatu ejuſdem manutenendo contingentium quamdiu ſic fuerint6 communes hoſpitatores ſicut caeteri hujuſmodi hoſpitatores in civitate & ſuburbiis praedict. ratione hoſpitalitatum ill•rum participabunt: ſalvo ſemper quod Mercatores de Vaſcon & alii alienigenae in dicta civitate ad invicem habitare & hoſpitati poſſint prout hactenus facere conſueverunt. Et quod cuſtodi•…pontis civitatis praedict. & redditus & proficua ad pontem illum pertinentia duobus probis & ſufficientibus hominibus de civitate praedicta aliis quam Aldermannis ad hoc per cōmunitatem civitatis illius eligendis ad voluntatem ejuſdem cōmunitatis cuſtodienda & qui eidem cōmunitati inde reſpondeant & non aliis committantur. Et quod nullus ſerviens de Camera Guyhaldae civitatis praedictae capiat feodum de cōmunitate civitatis illius aut executionem faciat, niſi unus per cōmunitatem civitatis praedict. ad hoc electus: Et quod Camerarius, communis Clericus, & communis ſerviens civitatis praedict. per cōmunitatem civitatis ejuſdem eligantur & amoveantur pro voluntate ejuſdem Cōmunitatis. Et quod Major & Recordator civitatis praedict. ac praedicti Camerarius. & communis clericus feodis ſuis ratione officiorum ſuerum antiquitus ſtatutis & ſolutis ſint contenti, & alia feoda non capiant pro officiis ſupradictis. Et quod bona Aldermannorum civitatis praedict. in auxiliis tallagiis & aliis contributionibus dictam civitatem contingentibus per homines de gardis in quibus Aldermanni illi moram fecerint taxentur ſicut bona caeterorum civium de ejuſdem Gardis. Quos quidem articulos prout ſuperius exprimuntur, & contenta in eiſdem, acceptamus, approbamus, & ratificamus, & ea pro nobis, & heredib. noſtris quantum in nobis eſt prefatis civibus heredibus & ſucceſſoribus ſuis concedimus & confirmamus in civitate & ſuburbiis praedictis ad communem utilitatem in illis habitantium & confluentium ad eadem obtinend. & in perperuum obſervand. Praeterea, volentes Majori Aldermannis. & civibus civitatis praedict. ad ipſorum requiſitionem gratiam facere ampliorem; conceſſimus eis pro nobis & heredibus noſtris, quod Major, Aldermanni, cives, & cōmunitas comuniariourm civitatis praedict. & eorum hered. & ſucceſſores pro neceſſitatibus ſeu utilitatibus ejuſdem civitatis noſtrae inter ſe de ipſorum communi aſſenſu ſuper bonis ſuis infra civitatem illam ſuper tam redditibus quam aliis & tam ſuper meſteris quam alio modo quo expedire viderint tallagia aſſidere poſſint &7 levare ſine occaſione noſtri, vel hered. noſtrorum, ſeu miniſtrorum quorumcunque& quod denarii de hujuſmodi tallagiis provenientes in cuſtodia quatuor proborū & legal. hominum dictae civitatis per cōmunitatem civitatis illius ad hoc eligendorū remaneant, & extra ipſorum cuſtodiam pro neceſſitatibus ſeu utilitatibus civitatis praedict. & non aliter expendantur. In cujus rei teſtimonium, has literas noſtras fieri fecimus patentes.
Memorand. quod hi articuli confirmātur in Rotulis Cartarum de anno 15. E. 3. nu. 12. Per ipſum Reg. & Con. ſuis in Parliamento.Nos autem donationes conceſſiones confirmationes reſtitutiones innovationem & ordinationem praedictas necnon omnia alia & ſingula in Cartis, literis & tenore praedictis contenta rata habentes & grata ea pro nobis & heredibus noſtris, quantum in nobis eſt acceptamus, approbamus, ac pre•…atis civibus, & eorum heredibus & ſucceſſoribus civibus civitatis illius tenore praeſentium concedimus & confirmamus prout Cartae literae & tenor praedict. plenius teſtantur. Praeterea volentes eiſdem civibus fuis multiplicibus exigentibus meritis & obſequiis gratiam in hac parte facere ampliorem; conceſſimus eis pro•nobis & heredibus noſtris, quantum in nobis eſt quod licèt ipſi vel predeceſſores ſui aliqua vel aliquibus libertatum quietancia•um conceſsionum ordinationum liberarum conſuetudinum aut aliorum in dictis Cartis literis & tenore contentorum aliquo caſu•mergente hactenus plene uſi non fuerint, ipſi tamen cives & eorum heredes & ſucceſſores cives civitatis illius omnibus & ſingulis•ibertatibus quietanciis conceſsionibus ordinationibus liberis conſuetud. & omnibus aliis in cartis literis & tenore praedictis contentis & eorum quolibet de caetero plene & libere gaudeant & ut•…tur in perpetuum ſine occaſione vel impedimento noſtri vel hered. noſtrorum, Iuſtic. Eſcaetorum, Vic. aut aliorum Ballivorum, ſeu Miniſtrorum noſtrorum, vel hered. noſtrorum quorumcumque.
Convenit cum Recordo,
Cum per Cartas progenitorum noſtrorum quondam Regum Angl. quas confirmavimus, conceſſum ſit civibus noſtris civitatis praedict. quod Majorem & Aldermannos de ſcipſis quos voluerint eligant: & ipſos, nobis apud Weſtm. non exiſtentibus, Theſaur. & Baron. noſtris de Scaccario preſentent ut ibidem prout moris eſt admittantur. Ac jam intellexerimus quod quanquam hujuſmodi electiones per Majorem & Aldermānos nec non diſcretiores dictae civitatis, ad hoc ſpecialiter ſummonitos & praemunitos temporibus retroact is fieri conſueverit: nonnulli tamen qui aliquod intereſſe in electionibus hujuſmodi non habent, nec habere debent; electionibus illis auſu temerario ſe ingerunt immiſcent & multociens electiones quae rite & pacifice fierent, ſuis validis clamoribus & importunis multipliciter impediunt & perturbant ad intentionem quod tales eligantur qui ſuis malefactis & erroribus poſtmodum ſavere poſſent & ea ſub diſſimulatione dimittere impunita: quod ſi fieri permittaturin noſtri ac coronae & digtatis noſtrae laſionē nec non ſtatus civitatis praedictae ſubverſionē civiumquenoſtrorum ibidem perturbationem & commotionē cederet manifeſte. Nos igitur quieti & tranquillitati populi nobis ſubjecti providere & congruum remedium in hac parte volentes adhibere ut tenemur; vobis praecipimus firmiter injungentes quod ante tempus electionis Maioris civitatis praedictae proxime17 faciend. per totam civitatem illam, & libertatem ejuſdem ex parte noſtra publice proclamari, & firmiter inhiberi fac. ne quis hujuſmodi electioni niſi qui de jure, & ſecundum conſuetudinem civitatis praedict. intereſſe debeat illi interſit quovis modo nec ſe de electione illa quoquo quaeſito colore intromittat, neque eſiam impediat vel perturbet. Sed quod electio illa per Aldermannos, & alios Cives diſcretiores & potentiores civitatis paedict. ad hoc ſpecialiter praemunitos & ſummonitos fiat & habeatur prout ſecundum conſuetudinem ſupradictam fuerit faciend. ſcientes pro certo quod ſi quem alio modo quam ut premittitur electum nobis vell Theſau. & Baronibus de Scaccario praeſentaveritis illum nulatenus admittemus & omnes illo•quos contrarium proclamationis & inhibitionis praedictarum inveneritis facientes arreſtetis & eos priſonae noſtrae committatis ibidem moratur quouſque pro eorum deliberatione duxerimus demandand.
Of the Cōfirmation of London.THE King to them before ſaid Greeting. We have underſtood and ſeene a Charter of Lord Henry our father late King of England L: Henry made in theſe words, Henry, &c. We have ſeen alſo the Tenour of a Charter of Lord Henry ſomtimes King of England our Progenitor.
Know ye That we have granted to my CITIZENS of LONDON, to hould Middleſex by Farme for 300. l. upon accompt, to them and their heires of me and my heires; So as the ſaid CITIZENS ſhall appoint a Sheriffe whom there they pleaſe of themſelves, and a Iustice whomſoever and what perſon ſoever of themſelves they pleaſe, to keepe the Pleas of my Crowne, which are to be pleaded for the ſame;Note this 1. And none other ſhall be Juſtice over the men of London, and the CITIZENS ſhall not pleade without the walles of London in any plea, and they ſhall be diſcharged and free of ſcot and lot of daneget and of murther, and none of them ſhall make warre. And if any Citizen bee19 impleaded upon pleas of the Crowne, (by oath that he was adjudged in the City) a man of London may diſcharge himſelfe and within the Walles of the City, none may be lodged, either of my Houſhold, neither by other force delivered to any, and all men of London ſhall be diſcharged and free (and all their goods) throughout all England and Seaports of Toll, and paſſage and Laſtage and all other Cuſtomes, and the Churches and every the BARRONS and CITIZENS may have and hould well and in peace their Sokes with all Cuſtomes, ſo that ſtrangers that do lodge in the Sokes, ſhall pay no Cuſtome but to him whoſe Soke it is, or to his Servant whom he hath there placed, & a man of London ſhall not be Iudged in the amercements of mony, but according to cuſtome (to wit) in 100. s. I ſay the pleas which concerne Amerciaments and miskenning or falſe Iudgement ſhall not be any more in huſtings nor in folkemote, nor in other pleas within the City, and the huſtings ſhall ſit once in a week (to wit) on Monday. And I will cauſe the CITIZENS to have their Lands and Pledges, and what is due unto them within the City, and without, And I will do right to them by the Law of the City for the Lands which they clayme of me, and if any ſhall take Tole or Cuſtome of my CITIZENS of LONDON,The CITIZENS of London in the City may take of the Burrough or of the Towne where the Tole or Cuſtome was taken ſo much as the man of London for Tole gave;And moreover, for his dammage which he ſhall receive, and all debtors, who owe debts to the CITIZENS of LONDON ſhall pay them in London, or ſhall diſcharge themſelves in London that they owe not, but if they will not pay the ſame, nor diſcharge themſelves; Then the CITIZENS of LONDON of thoſe that owed them debts, may take their Pledges or Diſtreſſes in the City of London, of that Burrough or village, or of that County in which he abideth who oweth the debt. And the CITIZENS of LONDON may have their Chaſes to Chaſe, as well and fully as their predeceſſors had (to wit) In Chiltre and Middleſex, and Surrey.
Moreover we have ſeen a Charter of our progenitor Lord Henry the ſecond, ſomtime King of England, made in theſe words.
Know ye, that I have granted to my Citizens of London, that none of them pleade another without the walles of London, beſides pleas of forraigne tenures, except my mony Coyners and Servants And we have alſo granted them aquittance of murther within the Citty, and in Porte Soke, and that none of them be inforced to make Duell, and that they may diſcharge themſelves of pleas belonging to the Crowne, according to the ancient Cuſtome of the ſaid City, and that within the walles of London none take up lodging by force, or appointment of the Marſhall. And this alſo I have granted to them, That all Citizens of London be free of Toll, and Laſtage throughout all England, and Sea-ports, and that none of them be judged in mercy of mony or amerced, but according to the Law of the City of London, which it had in the time of King Henry, my Grand-father; and that in the City miskenning or falſe Iudgement be in no plea, and that huſtings be houlden but weekly, onely once in the week, and that they may juſtly hould their Lands and Tenures and pledges and all debts, whoever he be that is indebted to them, and that right be done unto them of their Lands and Tenures, which be within the City, of all their debts which were borrowed at London, according to the Cuſtome of the City, and pleas held at London, and of Pledges there madeAnd if any in all England take toll or Cuſtome of the men of London,after ſuch ſhall fayle to do rightThe Sheriffe of London may take diſtreſſe thereupon at London, Alſo I grant to them that they have their Chaſes, whereſoever they had them in the time of my Grandfather King Henry.Moreover alſo, for the amendment of the City of London, I have granted to them, That all of them be free and diſcharged of Bridge-toll, and Childewite, and of Iereſgreene, and of Scotale, ſo that my Shrieffe of London or21 any other Bailiffe make no Scotale. Theſe ſaid Cuſtoms I grant,and all other liberties and free Cuſtoms which they had in the time of King H•nry my Grand-father; when they had them better and more free.Wherefore I will and firmly command that they and their heires may have and hold of me and mine heires, all the things aforeſaid for Inheritance.
We have underſtood and ſeene a Charter of our Progenitor Lord Richard the firſt, ſomtime King of England, made in theſe words.
Know ye, that we have granted to our Citizens of London, that none of them (except our Coyners and Servants) plead or ſue without the walles of London, of any pleas, beſides forraign Tenures. Alſo we have granted to them a diſcharge of Murther within the City of London, and in Porteſoke, and that none of them be enforced to wage Combat, and that they may acquit themſelves of the pleas belonging to the Crowne, according to the ancient cuſtome of the City, and that none take up any lodging within the walles of the City by force, or appointment of the Marſhall, Theſe we have alſo granted to them. That all Citizens of London be acquitted and free of Toll, and Laſtage, throughout England, and all Seaports,And that none be adjudged in mercy of mony, but according to the Law of the City, which they had in the time of Henry, Grandfather to Henry our Father, and that miskenning our falſe Judgment in the City be in no pleas, and that Huſtings be houlden but once in the week. And that they may juſtly have their Lands and Tenures, and Pawnes, and Pledges, and debts, whoſoever he be indebted22 unto them and right be done to them for their Lands and Tenures which are within the City according to the Cuſtome of the City, and pleas be houlden at London for all debts which became due and contracted for at London, and for pawnes or weds there made. And if any in all England ſhall take Tole or Cuſtome of the men of London; after that ſuch a one fail to do right, The Sheriffe of London may take a diſtreſſe thereupon at London.
We grant alſo to them, that they may have their Chaſes, whereſoever they had them in the time of King Henry, Grandfather unto Henry Our Father.
Moreover alſo, for the amendment of the City, we have granted to them; That all of them be acquit of Bridtoll, and of Childwite, and of Jerriſgreen, and of Scotale. So as our Sheriffe of London, or any other Bayliffe do not make Scotale.
Theſe aforeſaid Cuſtomes we grant to them, and all other Liberties and free Cuſtomes, which they had in the time of King Henry, Grandfather unto Henry our Father, when they had them better and more free.
Wherefore we will, and firmly command; that they and their Heires, all theſe aforeſaid, may have and hold as their Inheritance, and hold of us and our heires:
Given by the hand of William Biſhop of Ely, our Chancellor at Winton,the 23. day of April, in the fifth yeare of Our Reign.
We have viewed alſo another Charter of Our Progenitor the ſaid Lord the King, made in theſe words;
23Be it known unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Predeceſſors, and alſo for the common profit of our City of London, and our whole Realme of England have granted and firmly commanded that all the Weeres which be in the Thames; be removed, whereſoever in Thames they be, and from henceforth Weeres be not ſet any where in Thames, we have alſo quite claymed all that which the Keepers of our Tower of London do uſe yeerly to take of the aforeſaid Weeres,Note this Mr. Lieutenant of the Tower, and give over your unjuſt towling of fiſh & other bootes, ſackbuts, and French Wine, Hogſheads, &c. wherefore we will and firmly commandthat not any Keeper of our Tower aforeſaid at any time hereafter take any thing of any man, neither bring any demand, or burthen, or trouble upon any, by reaſon of the ſaid Weeres, for it is fully made appeare unto us,and by our Reverend Father Hubert Archbiſhop of Canterbury, and other our faithfull Miniſters; we fully underſtand, that great loſſe and diſprofit did come unto our ſaid City of London, and alſo to our whole Realme, by reaſon of thoſe weeres, which that it may continue〈◊〉and ſure for ever, we have confirmed theſe preſents by hand writing and putting to our ſeale thereto
Given by the hand of Mr. Eustace, Deane of Sarum, Vice-Chancellour, then being at the Iſle of Andelazio14. of Iuly 8. yeare of our Raigne.
We have ſeen alſo another Charter of our Progenitour Lord Iohn late King of England, made in theſe words.
Know ye that we have grantes! to our CITIZENS of LONDON24 that none of THEM (except our Coyners and Servants) be impleaded without the walles of the City of any pleas, beſides pleas of forraigne Tenures out of the liberties. We have granted alſo to THEM acquittance of murther within the City and Suburbs, and that none of THEM be compelled to wage battayle, and that they may diſcharge THEMSELVES of the pleas belonging to our Crowne, according to the ancient Cuſtome of the City, and that within the walles of the City, nor Subburbs no man take up lodging by force or appointment of the Marſhall.
This we have alſo granted to THEM, that ALL THE CITIZENS of LONDON be aquit of Tole, and Laſtage, and of all other Cuſtomes through all our dominions on this ſide of the Sea and beyond. And that none in mercy of money be judged or amerced, but according to the Law of the City which they had in the time of King Henry, Grandfather of Henry our Father. And that misk•nning or falſe Iudgment, be not in any pleas in the City, and that Huſtings be holden onely but once in a week: And that they juſtly have all their Lands, and Tenures, and Pawnes, and debts of him, who ever he be that is indebted to them, and that right be holden to them of their Lands and Tenures which are within the City, according to the cuſtomes of the City, and of all their debts which were borrowed at London, and of Pawnes there made unto them, the pleas thereof ſhall be houlden at London, and if any within any of our Dominions on this ſide of the Sea, or beyond, or in any parts of the Sea, ſhall take any Toll, or any other Cuſtome of the men of London, after that he ſhall faile to do right. The Sheriffe of London may take therefore a diſtreſſe at London. We grant alſo to them, that they have their Chaſes whereſoever they had them in the time of King Henry Grandfather to Henry our Father. Moreover alſo for the amendment of THE CITY, we have granted to THEM that they be ALL acquit and diſcharged of Bridg-toll, and Childwite, and of Iereſgreene, and of Scotale, ſo that our Sheriffe of London, or any other Bayliffe, do not make Scotale. Theſe aforeſaid Cuſtoms we have granted to THEM, and all other liberties and free Cuſtoms which THEY had in the time of King Henry, Grandfather to Henry our Father, when they25 had them better, or more free. Wherefore we will and ſtrictly command, that THEY and THEIR Heires, have fully and for inheritance, wholly, all theſe aforeſaid, and hold of us and our Heirs.
Given by the hand of the aforeſaid H. Archbiſhop of Canterbury our Chancellor, at Sorham,the ſeveneteenth of June, in the firſt yeare of our reigne.
We have alſo viewed another certain Charter of the ſaid Lord John, made in theſe words,
Know yee, that we have granted, and by this preſent Charter confirmed to the CITIZENS OF LONDON, the Sheriffwick of Middleſex, with all things and cuſtomes which appertain to the ſaid Sheriffwick, within the Citie and without, by land and by water, to have and hold to THEM and THEIR HEIRES for ever, of us and our heires; paying there for yearly to us and our heires, 300. l. Sterling Blankes, at two tearmes of the yeare, To wit, at the Exchequer at Eaſter, 150. l. and at the Exchequer 150. l. at Michaelmas; ſaving to the CITIZENS OF LONDON all their Liberties and free Cuſtomes. Furthermore, we have granted to the CITIZENS OF LONDON, That they OF THEMSELVES may make Sheriffes whom THEY will, and remove them when they pleaſe; and that they preſent theſe whom they make Sheriffes, to our Juſtiſtices, who may anſwer to us; as our Barons of the Exchequer, for theſe things belonging to the ſaid Sheriffwicks, of which they ought to anſwer to us: And if they do not fully anſwer and ſatisfie the CITIZENS OF LONDON are to anſwer and ſatisfie of the Amercement of the Farm; ſaving to our ſaid CITIZENS26 their liberties as aforeſaid, and ſaving to the ſaid Sheriffes the ſame liberties which other the ſaid Citizens of London have, yet ſo that if thoſe which for the time being ſhall be appointed Sheriffes, ſhall commit any offence; wherefore they ought to incurr the mercy of mony, or be amerced, ſhall be adjudged or condemned in no more but in forfeiture of 20. l. (AND THAT WITHOVT LOSSE OR PREJVDICE OF OTHER Citizens.) If the Sheriffs be not able to pay the forfeiture, But if they commit any offence for which they ought to undergoe the tryall of life or member, they are to be judged as they ought by the Law of the City; But of that which belongs to the Sheriffwick, the Sheriffes ſhall anſwer in our Exchequer, before our Barons, Saving to the ſaid Sheriffes the liberties which other Citizens of London have.
This grant and confirmation we have made to our Citizens of London, for the amendment of the ſaid Citie. And becauſe anciently it hath been accuſtomed to be let to farm for 300 pounds, Wherefore we will and firmly command, that our citizens of London and their heires have and hold of us and our heirs for ever, and by inheritance freely and quietly, honorably and fully, the ſaid Sheriffwick of London and Middleſex by the aforeſaid Farme of 300. pound. And we forbid that not any preſume to make any let or hindrance to the citizens of London of that which belongs or was accuſtomed to belong to the ſaid Sheriffwick. Alſo Wee will and command, that if We, our heires, or any of our Juſtices, have given or granted to any, ought of that which belongs to the Farme of the foreſaid Sheriffwick; the ſame ſhall be yearly allowed upon account in the Exchequer to the citizens of London, in diſcharge of their Farme.
Moreover wee have ſeen another certaine Charter of the ſaid Lord Iohn our Progenitor made in theſe words.
Be it knowne unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Progenitors, and alſo for the common profit of our City of London, and our whole Realm, have granted and firmly commanded that all the Weeres which are in Thames or Medewayes, whereſoever they be in Thames or Medeways, be removed thence and from henceforth no Weeres be ſet any where in Thames or Medeway, upon forfeiture of ten pounds ſtarling; We have alſo quite claimed all that which our Keepers of our Tower of London were wont yearly to take of the ſaid Weeres; Wherefore we will and firmly command, that not any Keeper of the aforeſaid Tower; at any time hereafter exact any thing of any, nor bring upon any, demand, burthen, or trouble by reaſon of the aforeſaid Weeres; for it is clearly made known unto us, by our reverend Father Hubert Archbiſhop of Canterbury, and by other our faithfull ſubject,•…it is fully given us to underſtand, that very great loſſe and diſprofit did come to our ſaid City, and alſo to our whole Realme, by reaſon of the ſaid Weeres, which that it may continue firme and ſure for ever; we have confirmed by our inſcription of this preſent Charter, and by putting thereto our Seal,
We have alſo ſeen another certain Charter of the foreſaid Lord John, in theſe words:
28Know yee, that we have granted, and by theſe preſent Charters confirmed to our BARONS OF OVR CITY OF LONDON, that THEY May of THEMSELVES chuſe yearly a MAJOR, who is to us faithfull, diſcreet, and fit for the Government of the Citie;By which is meant every free man of London. See Londons liberty in chaines diſcovered, p. 11. 12. ſo that when he ſhall bee choſen, he ſhall be preſented to us, or to our Iuſtice, if we be not preſent, and to ſweare to us fidelity; And that they may at the end of the yeare remove him, and appoint another, or continue him, if they pleaſe. Notwithſtanding ſo, that he be ſhewed to us, or to our Iuſtice, if we be not preſent. We have alſo granted to our ſaid BARONS, and by this Charter confirmed, That they may well, peaceably, quietly, and fully have all their liberties which heretofore they have uſed, as well in the Citie of London, as without, as well by water as by land, and in all other places, ſaving to us our Chamberlengarie. Wherefore wee will and firmly command, that our ſaid BARONS OF OVR SAID CITY OF LONDON, may chuſe yearly to themſelves, a Major of themſelves, after the aforeſaid manner: and that they may well and in peace, wholly and fully have the aforeſaid liberties with all things ap•ertaining unto the ſaid liberty, as is aforeſaid.
Moreover, we have ſeen another certain Charter of the foreſaid Lord John, made in theſe words:
Know yee, that we at the Petition of our Major and CITIZENS of London, have granted, and by this preſent Charter confirmed, that the Weavers Guild from henceforth be no more in the citie of London, nor any more revived, &c.
We have alſo ſeen another certain Charter of the ſaid Lord Henry, made in theſe words:
Know yee, that we have granted, and by this our preſent Charter confirmed to our BARONS OF OUR CITY OF LONDON, That THEY may of THEMSELVES chuſe every yeare a MAJOR, who is to us to bee faithfull, diſcreet, and fit for the government of the Citie: So that when he ſhall be choſen, he be preſented to us, or our Iuſtices, if we be not preſent, and ſweare to us fidelity. And that it may be lawfull for them at the end of the yeare to remove him, and appoint another, or continue him if they pleaſe; yet ſo as that the be ſhewed to us or our Iuſtices, if we be not preſent. We have alſo granted to our ſaid BARONS, and by this our Charter confirmed, That they well and in peace, freely, quietly, and wholly, may have and enioy all their liberties, which heretofore they have uſed, as well in the citie as without; as well by water as by land and in all other places; ſaving to us our Chamberidge. Wherefore we will and firmly command, THAT OUR SAID BARONS OF LONDON MAY OF THEMSELVES every year chuſe for THEMSELVES a Maior after the aforeſaid manner; and that they may well and in peace wholly and fully have and enioy all the ſaid liberties, with all things belonging to the ſame liberties, as the Charter of our Father, Lord John, Noble King of the Engliſh (which we have ſeen) doth rationably teſtifie.
30We have alſo ſeen a charter of Lord Edward, ſonne of King Edward, late King of England, our progenitor, made in theſe words:
Know yee, that whereas our beloved and truſty, the Major, Aldermen, and the reſt of the Citizens of our Citie of London, for the betterment of the ſaid City, and for the common profit of the Inhabitants in the ſame Citie, and of ſuch as repaire and come to the ſame, did among themſelves ordaine and enact certaine things to be for ever obſerved in the ſaid City, and earneſtly ſupplicated us, that we would take care to accept and confirme the ſame, we having ſeene certaine letters pattents touching the premiſes, ſigned with the common Seale of the ſaid City, and with the Seale of the office of the Majoralty of the ſame City concerning the premiſes being open and preſented to us; we have cauſed certaine Articles to be drawne out of the ſaid letters patents, and the ſame in ſome things to be corrected as here following they are ſet down, that is to ſay,article 1That the Major, and Sheriffs of the ſaid City be choſen by the Citizens of the ſame City according to the Tenure of the Charters of our Progenitors formerly Kings of England therefore made unto them, and not otherwiſe. article 2And the Major of the citie aforeſaid ſhall not abide in the office of his Majoralty, at one time, above one year.article 3And that none of the Sheriffes of the citie for the time being, have but two Clerks, and two ſervants, in regard of that office.article 4And that they take ſuch Clerks and ſerjeants at their own peril, for whom they will anſwer.article 5And that the Major of the citie aforeſaid, while he is Major, hold no other office belonging to the citie then the office of the Majoralty of the ſame citie.article 6Neither draw unto him, or hold before him in the chamber of the ſaid citie, any Vicecountill plea, nor any other pleas then thoſe which according to the ancient cuſtome of the ſaid citie, as Major, he ought to hold. article 7And that the Aldermen of the ſaid citie from yeare to yeare, and eſpecially upon the day of St. Gregory the Pope, by the ſaid Comonalty be removeble; and being removed, may not be choſen again for the enſuing yeare. But in ſtead of thoſe that bee removed,31 others be choſen by the ſame Wards of which the Aldermen ſo removed were:article 8And that Tallages or Aids for the uſe of us, our heires, or for the State or profit of the ſaid citie from henceforth in the ſame, to be aſſeſſed, after they be aſſeſſed by men of the Wards choſen or deputed for that end, may not be increaſed, or raiſed by the Major, Aldermen, or others, but by the common conſent of the Major and Commonalty of the citie aforeſaid. article 9And that the monies ariſing from ſuch Tallages, or aids, be delivered in to the cuſtody of foure honest commoners of the citie aforeſaid for that end, to be choſen by the commonalty of the ſaid citie, to be paid over by the teſtimony of the ſame 4. men; ſo that the ſaid foure men may be able to inform the ſaid Commonalty, for what profit and what uſes the ſaid monies went. article 10And that no ſtranger or or alien be admitted into the freedome of the ſaid citie, but in the Huſtings.article 11And that a Native, and eſpecially an Engliſh Merchant of any trade or calling, be not admitted into the liberty of the ſaid citie, but by the manucaption of ſix honeſt and able men of the trade or c•lling of which he ſhall be who is ſo to be made free; which ſaid ſix men ſhal becom bound for him to be made free, for keeping the citie harmleſſe on that behalfe. article 12And the ſame manner or form of manucaption ſhall be obſerved of the ſtrangers or aliens aforeſaid, who are to bee made free of the ſaid citie in the Huſtings, if they be of any certain trade or office. And if they be of no trade, then they may not be made free of the ſaid Citie, without the aſſent of the Commonalty of the ſaid citie. article 13And they that were made free of the citie, ſince we took upon us the government of our Realm, contrary to the formes preſcribed, and who againſt their oathes in this behalfe taken, or againſt the State of the citie have acted and been lawfully thereof convicted, ſhall forfeit their freedome of the citie; Provided alwayes, that the ancient manner and form of the city aforeſaid of Apprentices in the ſame citie, be obſerved. article 14And that every yeare in the ſaid citie, ſo often as need ſhall require, inquiſition be made, if any free-man of the ſaid citie, ſhall ſell in the citie the goods of others, who are not free of the citie, by calling thoſe goods their own, contrary to their oath, and the freedome of the ſaid Citie: thoſe that ſhall be thereof lawfully convicted, doe forfeit their freedome of the citie. article 15And that all and every of32 thoſe which are free of the City aforeſaid, and willing to enjoy the liberties and free Cuſtomes of the ſaid City, be in Lot and Scot, and partakers of all charges for the State of the ſaid City aforeſaid, and for maintaining the freedome thereof, according to the Oath which they did take, when they were made free,article 16And he that will not this do, doth forfeit the freedome of the City; And that all and every who be free of the ſaid City, and dwell without the ſame, and do exerciſe marchandize by themſelves or Agents within the City, Be in Lot and Scot with the Commons of the City for the ſaid Merchandize, or otherwiſe, they ſhall forfeit their Freedome;article 17And that main common Seale of the City aforeſaid, rein the cuſtody of two Aldermen, and two other Commoners to bee choſen for it by the COMMONS of the City; And that the ſaid Seal be not denyed to the poor; nay, rich Commoners of the City aforeſaid, whenſoever they ſtand in need of it, while they can reaſonably prove the cauſe or demand. article 18And that nothing be taken for the ſetting to of the ſaid Seal.article 19And that Redditions of Judgments in the Courts of the City, and eſpecially after verdict of Inquiſitions taken in caſes where Inquiſitions are taken, ſhall not be hindered or retarded, unleſſe ſome difficulty fall out; And if difficulty fall out, yet for this they ſhall not remain beyond the third Court to be holden after. article 20And that weights and meaſures of Merchandize, to be meaſured betwixt Merchant and Merchant of which the profits ariſing, and the Cognizance of the ſame, belong to the COMMONALTY of the ſaid City, remain in the keeping of honeſt and able men of the City, skilfull in that Calling, and to be choſen for this by the COMMONALTY of the City to be kept at the pleaſure of the ſaid COMMONALTY, and it to be intruſted by no meanes to any other, but to ſuch ſo to be choſen. article 21And that the Sheriffs of the City aforeſaid for the time being, may ſet the Toll and other Cuſtomes belonging to their Farm, and other publike offices belonging to them (and to be exerciſed by others) to able Citizens (if they will ſet them) for whom the Sheriffes themſelves will anſwer, and to none other. article 22And if any Deputed to any of the premiſes, undue cuſtoms, or ſhall otherwiſe behave himſelf, in that office then he ought, and at the Sute of the Complainant be thereof convicted, Be put out of that Office, and puniſhed according to his demerits. article 23And that33 Marchants who are not of the Freedome of the City aforeſaid may not ſell any wines, or other wares within the City or the Suburbs thereof by Retaile. And that B•okers of any Marchandize in the City aforeſaid may not be, except they be choſen by Marchants of thoſe Trades; in which theſe Brokers have had their Callings to exerciſe; and upon this at the leaſt take oath before the Major of the ſaid City. article 25And that all common Inkeepers in the ſaid City and Suburbs thereof; though they be not of the Freedome of the City, but partakers of the charges belonging to the ſaid City, for maintaining the State of the City, ſo long as they be common Inkeepers; as other the like Inkeepers in that City and Suburbs ſhall partake, by reaſon of the Inkeepers; provided alwayes, that Marchants of Gaſcoign, and other ſtrangers alwayes may dwell and lodge together in the ſaid City, as formerly they were accuſtomed to do. article 26And that the keeping of the Bridg of the City aforeſaid, and the Rents and Profits belonging to the ſaid Bridge, be committed to two honeſt and able men of the city aforeſaid, others then Aldermen, to be choſen for that purpoſe, by the Commonalty of the ſaid City, to bee kept at the pleaſure of the Commonalty of the ſaid City, & who are able to anſwer to the cōmonalty of the ſaid ity for the ſame and not to any others. article 27And that no Sergeant of the chamber of Guildhal of the city aforeſaid, take fee of the cōmonalty of the ſaid City, or make execution, unleſſe he be thereunto choſen by the Cōmonalty of the city for that end. article 28And that the Chamberlain, Common-Clark, and Common-Serjeant of the City aforeſaid, be choſen by the Commonalty of the ſaid City; and removed at the pleaſure of the ſaid Commonalty. article 29And that the Major and Recorder of the ſaid City, and the ſaid Chamberlain and Common-Clark, be content with their Fees appointed, & paid of old, by reaſon of their office: And other fees they may not take for their offices aboveſaid.article 30And that the Goods of Aldermen of the ſaid city, be taxed as the Goods of other Citizens, in Aydes, Tallages, and other Contributions happening in the city, by men of the Wards, where theſe Aldermen abide:
Which Articles as they are before expreſſed, and contained in the ſame; we accept and ratifie; And the ſame for us, and our Heires, as much as in us be, Doe grant and confirme to the ſaid32 Citizens, and their Succeſſors in the City and Suburbs aforeſaid; for the common profits of thoſe that therein dwell, and of thoſe that come thither, and the ſame to keep, and for ever to be obſerved.
Moreover, we being willing upon their Petition, to confer more ample favour upon the Major, Aldermen, and Citizens; have granted to them for us and our Heires, That the Major, Aldermen, Citizens, and Commonalty of the Commons of the City aforeſaid, and their Heires and Succeſſors; for the neceſſities and profits of our ſaid City, by THEIR COMMON CONSENT AMONG THEMSELVES, may aſſeſſe Tollage upon the goods within the City, as well upon Rents, as other goods and as well upon Trades as any other way, which they ſhall ſee expedient, and the ſame to levy without let of us, or our Heires, or our Miniſters whomſoever; And that the monies ariſing out of ſuch Tallages, remain in the cuſtody of foure honeſt and lawfull men of the City, to be choſen for it by the COMMONALTY of the City, and expended out of their cuſtody, for the neceſſities and profits of the ſaid City, and not otherwiſe. In Teſtimony whereof, we have cauſed to be made theſe our Letters Pattents.
Memorand. thot theſe Articles are confirmed in the Rolls of the charters of the 15. year. of Ed. 3. nu 12. by the King & his Councell in Parliament.We alſo, as much as in Us is, have accepted, approved, and by the Tenor of theſe preſents, do grant and confirme unto the ſaid Citizens, and their Heires and Succeſſors. Citizens of the ſaid City; the ſaid Gifts, Grants, Confirmations, Reſtitutions, Innovation and Ordinances aforeſaid; And alſo, all other things in the Charters, Letters, and Tenor aforeſaid contained; To have the ſame firme, and ſure for us, and our heires, as the Charters,•etters, and Tenor aforeſaid, do fully teſtifie.
Moreover, we are willing to extend more ample favour unto the full to our ſaid Citizens, which their lawfull merits and ſervices deſerve; have for Us, and our Heires (as much as in Us is) granted unto them; That although they, or their Predeceſſors by ſome chance falling out, haue not fully hitherto uſed any, or ſome of the Liberties, Quittances, Grants, Ordinances, Free-Cuſtomes, and other things in the ſaid Charters, Letters, and33 Tenors contained; Nevertheleſſe, the ſaid Citizens, and their Heires and Succeſſors, Citizens of the ſaid City; hereafter, may fully and freely for ever enjoy, and uſe all and every the Liberties, Quittances, Grants, Ordinances, Free-cuſtomes, and all other things in the Charters, Letters, and Tenors aforeſaid contained, of any of them, without let or hinderance of us and our Heires, Juſtices of Exchequer, Sheriffes, or other Bayliffes, or our Miniſters, or of the Heires of any of us ▪
This agrees with the Record,
WHereas, by the Charters of Our Progenitors, formerly Kings of England, WHICH WE HAVE CONFIRMED. It is granted to Our Citizens of Our City aforeſaid; That they may chooſe Major, and Aldermen of themſelves, when they pleaſe, and preſent them to Our Treaſurer and Barons of the Exchequer, if we be not there, That they may be allowed there, as the manner is; And now wee have underſtood, that although is hath been accuſtomed in times by-paſt, ſuch Elections to be made by the Major and Aldermen and more diſcreet men of the ſaid City, for the ſame purpoſe ſpecially ſummoned and warned;
Nevertheleſſe, ſome who have no Intereſt in ſuch Elections, nor ought to have Intereſt in thoſe Elections, but with a raſh boldneſſe behaved themſelves, do mixe themſelves in, and many wayes hinder and trouble thoſe Elections (which ſhould be orderly and peaceably made) with their ſtrong and importunate clamours: to the end, that ſuch may be choſen, who afterwards may favour their wickedneſſe and errours; to that intent, the ſame be paſſed unpuniſhed: Which if it ſhould be ſuffered to be done, would manifeſtly tend to the diſhonour of Our Crown and Dignity: as alſo, the ſubverſion of the ſtate of the City, and37 to the trouble and commotion of our Citizens there; We therefore willing (as we are bound) to provide for the quiet and tranquility of the people, which are ſubject unto us, and apply a ſitting remedy in this behalf,
We therefore command, and firmly injoyn you; that before the Elections to be made of the Major of the ſaid city; you cauſe in our Name, through the whole City and the Liberties thereof, to be proclaimed, and ſtaictly inhibited, that not any be at ſuch Election; but he that ought of right by the cuſtome of the city to be preſent at it, by any means, nor by colour, or ſhift, do get himſelf in upon the Election, nor hinder or diſturbe the ſame; But that the Election be made, and had of the Aldermen, and other more underſtanding and able Citizens of the ſaid city (for it ſpecially ſo warned and ſummoned, as by the cuſtome of the ſaid city is to be made) Giving you for ſure to underſtand, that when you ſhall preſent to us, or to our Treaſurer, being choſen otherwiſe, then as beforeſaid, We will in no wiſe allow him. And all thoſe whom you ſhall find acting contrary to the prohibition & inhibition aforeſaid;
We will and command, and ſtrictly injoyn you, that you arreſt them, and them commit to our Priſon, there to abide, untill wee ſhall give Directions for their Deliverance.
This prerogative Proclamation is no Act of Parliament, but only an Act of the King and his Councell, and ſo of no Authority at all in Law and Right to null, make void, abridge, or overthrow the Liberty of the Citizens, Barons, Burgeſſes, or Commons of London, that is, their native and naturall Rights, and which is eſtabliſhed unto them by the Fundamentall Law of the36•and, as their popular and univerſall elections is; yea, and which their right ſo eſſentially, undoubtedly, and firmly, that I ſay, and will venture my life upon it, to make it good; that neither King nor Parliament, divided nor conjoyned, cannot juſtly take away from the Citizens of London, or any other Citizens in England, their generall, univerſall, and free voting, in electing of their Major, Aldermen, Sheriffes, Juſtices of Peace, Recorder, Chamberlain, Town-clark, common-Sergeant, Bridge-maſter, common-councell men, conſtables or any other Officer whatſoever that is amongſt them particularly to officiate as Magiſtrate; for though it be, that Kings and Parliaments may confirme unto a city or people, their Fundamentall Rights and Liberties, that ſo they may with more peace, quietneſſe, and freedome enjoy them; yet when they have ſo done, they cannot take them away againe at their pleaſure; no not at all, without the contracting unto themſelves the odious names of Tyrants and Oppreſſors; for the Parliament by their own doctrin, (Book Dec. pag. 150.) are betruſted by the people to provide for their Weale, but not for their Woe:So that by right, they cannot make the people leſſe free then they are, or were, when they found them; but may make them as much more free, as poſſible they can: and if a Parliament or any other betruſted Power, ſhould be ſo unnaturall, as to turne the ſtrength of their Power to ruine, overthrow and deſtroy the Liberties of thoſe, that impowred, or betruſted them; What doth this elſe, (by their own doctrine in the fore-mentioned pag. ) but inſtate the people the impowrers or betruſters, into an abſolute condition of diſobedience, or non-obſervance of the Precepts, Orders, Injunctions, or Commands of their impowred Truſtees, or Magiſtrates? unleſſe we think, that obedience tyes men to deſtroy themſelves, and their Fundamentall naturall Liberties and Freedomes; the injoyment of which, makes them to differ from bruit and ſavadge Beaſts which were never created with reaſon and underſtand that glorious Image, that God made man in, and ſo made him Lord over all the creatures in the world beſides himſelf; but not in the leaſt, to Lord it over his brother man, without a ſpeciall aſſignation and mutuall aſſent and agreement, for the better bearing each of other; and ſuitable to this, is that aſſertion of the Parliament, in their Declaration; that all Offices of truſt, are,37 and ought to be for the good of the Truſtees. But extraordinary great are the evils and miſeries, that this poor Kingdome ſuffers by Pattentee-corporations; which, at the beſt, are but an indennizing of a few, to undenniſe a many, And to ſpeake properly, England being a Kingdom governed by one Law made by univerſall and common conſent (at leaſt in pretence) in one Parliament; all theſe Pattentee-corporations of what kind ſoever, are moſt illegall, wicked, and Divels make-bates in the Kingdome, which will never throughly and truly injoy peace, quietneſſe, and tranquility till they be all utterly anniholated and aboliſhed, and therefore for the further manifeſtation of their illegalitie, and the evill that accrew by them to this poor Kingdom.
I judge it not amiſſe, in the firſt place, here to inſert; Mr. Tho: Iohnſon Merchant his late printed plea, for Free-mens Liberties, which is a moſt excellent piece, and worth the ſerious peruſall. His Preface to all the Commons of England, thus followeth:
WOrthy Freemen of England; The former publique Magiſtrates of this Kingdom, by their Machivilian empoyſoned principles and ſpecious pretences of common good, (whereas nothing leſſe was intended) have moſt cunningly & fraudulently cozened you of your native freedoms, (which by the fundamentall lawes and conſtitutions of the Kingdom, ye were born unto) and ſecretly by wicked Pattents have ſtoln away your Birth-right, to ſet up the particular and ſelf-intereſts of private ſocieties: One of which I here preſent to your ſerious conſideration, as a great grievance and burthen, under which, the honeſt Clothier eſpecially, and thouſands of poor people40 groan: ye know for what this Kingdom hath almoſt been waſted to aſhes, ye have ſpent ſo much of your eſtates and blood, viz. the ſubjects liberty, to which all civill government is ſubſervient. My advice to all is this, eſpecially the clothiers, and others who are deeply intereſſed, that as they love their bleeding dying Country, their deliverance from ſo great a thraldome; they would by petitioning, and all lawfull meanes, be earneſt with the Parliament for the removall of this and all other preſſures.
They are bound in duty to God, in juſtice to you, in diſchareg all of ſo great a truſt committed into their hands; to eaſe you of all unjuſt grievances, intolerable burthens: Be therefore active in the work. For very importunities ſake, your indeavours will be crowned with a happy ſucceſſe, and (if you faint not) reap the benefit of your labours, which ſhall alwayes be the deſire of him who is willing to ſerve you.
WHoſoever ſurveyes this Iſland in her radiant and ſhining luſter with community and freedome, cannot but ſay, O quant a mutatio! Oh how great a change! For indeed, this kingdome is a Corporation or Society of men under one form of civill government, made by common conſent in Parliament, who are all bound by the law, to maintain common freedome, and the general good of each other.
But particulars, Patent-ſocieties, ſwelling with a Luciferian ſpirit, in deſiring to advance into a higher room then their fellows, did by ſurreptions Patents incorporate themſelves, excluſively became deſtructive to the whole body, and ſubverters of the true ancient priviledges of the people. And of all ſocieties thoſe of Merchants are the worſt, having no foundation on the Lawes; The fellowſhip and charter of thoſe that ſtile themſelves Merchants of Eaſt-land, is a Monopoly of this kind, according to the true genuine ſence of the word Monopoly, relating to a private company, who aſſcribe unto themſelves the ſole exerciſe and benefit41 of ſuch a Trade, wherein every ſubject hath equall freedome with them, all which this Monopoly doth, and is illegall, being contrary to Magna Charta, the Petition of Right, Statutes of Monopolies, with divers others, and in particular, theſe three following.
The firſt is of the 14. of Edw. the 3. 2. Item, where it is contained in the Great Charter,That all Merchants ſhall have ſafe and ſure conduct to go out of the Realm of England, and to come, and abide, and go through the Realm of England, aſwell by water, as by land: we at the requeſt of the Prelates, Earles, Barons, and Commons, will and grant for us, and for our heires and ſucceſſors, that all Merchants, Denizens, and Forraigners (except thoſe which be of our enmity) may without let, ſafely come into the ſaid Realm of England, with their Goods and Merehandize, and ſafely tarry, and ſafely return, paying the cuſtomes, ſubſidies, and other profits reaſonably thereof due; ſo alwayes that franchiſe and free cuſtomes reaſonably, granted by us and our Anceſtors to the City of London, and other Cities and good Towns of our Realme of England, be to them ſaved.
The ſecond is of 18. Edw. 3. 3. That the Ordinance made before this time, upon taking of ſorts of wools in every County be wholly nulled and defeated, and that every man, aſwel ſtranger, as privie from henceforth may buy wooll, according as they may agree with the ſeller as they were wont to do, before the ſaid Ordinances, and that the Sea be open to all manner of Merchants, to paſſe with their Merchandize where it ſhall pleaſe them.
By both theſe Statutes, it evidently appeareth, that every Engliſhman may tranſport his commodity without moleſtation, to what Port beyond Sea he pleaſeth, and make ſale for his beſt advantage, every Engliſhman being a native Denizen, and privie-man of this Kingdom, according to the true meaning of the law: for it unreaſonable to me, that the Law ſhould provide better for Aliens, then her own Children.
The third is of 12, Hen. 7. 6. viz as followeth:To the diſcreet Commons in this preſent Parliament; ſheweth, unto your diſcreet wiſdomes, the Marchant-Adventurers, inhabiting and40〈1 page duplicate〉41〈1 page duplicate〉42dwelling in divers parts of this Realm out of the City of London, that where they have their paſſage, reſort, courſe & recourſe, with their goods, wares, and merchandize in divers coaſts and parts beyond the Sea, aſwell into Spain, Portugal, Britain, Ireland, Normandy, France, Civil, Venice, Danske, Eaſtland, Freezeland, and other divers and many places, Regions and Countries being in league and amity with the King our Soveraign Lord, there to buy and ſell, and make their exchanges with the ſaid goods, wares, and merchandizes, according to the law and cuſtome uſed in every of the ſaid regions and places, and there every perſon freely to uſe himſelf to his moſt advantage, without exaction, fine, impoſition, or contribution to be had or taken of them, to, for, or by any Engliſh perſon or perſons, &c.
By which Statute, all merchants, aſwell thoſe inhabiting in divers parts of the Kingdom, as of the City of London, as alſo every free-born ſubject, is acknowledged as his Right to have freedome to trade to the ſaid parts mentioned, and to divers other regions and countries, without ſubjection to any pattent, or paying any exaction, fine, &c.
For in that the Statute ſaith, every perſon is freely to uſe himſelf to his most advantage, without exaction, &c. to be had or taken of them, or any of them, to, for, or by any Engliſh perſon, or perſons; it clearly holds forth, that the merchant, and conſequently every man that uſeth comerce to theſe parts, ought not to come under the obedience of any oppreſſing Corporation whatſoever.
Now Dansk and the Eaſtland being expreſſed in the Statute, which are the principall parts to which theſe Eaſtland Merchants are priviledged by their Monopoly; and indeed, the crowne and glory of the reſt for venting our native commodities; at alſo the other included, when the Statute ſaith, and other divers and many places, regions, and countries;
I hope every honeſt man will be willing with heart and hand to endeavour the recovery of our Birth-right, which the Law ſo evidently makes, our own, from theſe unjuſt oppreſſors.
2. Contrary to the light of nature, which teacheth men to walk by congruity and equality, not to oppreſſe, becauſe they would not be oppreſſed, nor to take away a mans right, becauſe they would not have another uſe the ſame meaſure to them. Which Principles of43 nature are engraven upon the hearts of Heathens, who certainly will riſe up in judgment one day againſt theſe men, that ſell us for ſlaves in our own Land.
3. It is irrationall: reaſon being the fountain of honeſt Lawes, gives to every man propriety and liberty: propriety of intereſt, freedome of enjoyment and improvement to his own advantage: from that propriety take away freedom, and a conſiderable part is gone: nay we ſee it by experience, that thoſe who have bereft us of our liberty, have made bold with our propriety: and indeed, if Prerogative may take away the one; why not the other (from the ſame principles?) So that it appeares to be rationall, that every native who hath propriety of goods, wares, & merchandize, hath freedome to tranſport them to any Port beyond Seas, and there convert them to his own profit, it being his true and proper inheritance ſo to doe. It is very ſtrange to my underſtanding, that one man ſhould doe the work, and another man receive the wages; I mean, that the honeſt Clothier who has toyled much in the making of his cloth, ſhall not have the benefit to ſell it here for his own gain, or to ſhip it for more profit; but being debarred of freedom in both, muſt make ſale to them, in whoſe power it is to give him what price they pleaſe, whereby he is cheated of the fruit of his labour.
4. That the Monopoly is againſt the honour of the Nation; becauſe by it the people are put in a condition of vaſſalage in their own country. It takes away induſtry the ſpring of wealth, the hearts of the people being brought to ſervility; and not able by reaſon of this, and other the like Patents, to imploy themſelves, cannot chuſe but procure ſad effects, if not timely prevented; For
5. The Patent was illegally procured by the ſolicitation of evill Councellors, under the Broad Seal of England, in the 21. year of the Raign of Queen Elizabeth; it bring of no longer ſtanding, under ſpecious pretences, as the profit of her then Majeſty, the good of the Kingdom, &c. whereas by it, the Natives have been weakned and ſpoyled, which will eaſily appear, if we conſider theſe particulars.
1. By reaſon of this Patent, thouſands of poor people are in a condition of beggery, who otherwiſe might maintain themſelvs in honeſt Callings, by the making of cloath, and other woollen44 manufactures, by Carding, Spinning, Weaving, &c. And certainly, this one thing throughly conſidered, ſhould ſtirre up the bowels of every truly-noble ſpirited Engliſhman to double his ſtrength if it were poſſible, an hundred fold, in all juſt wayes, for the remomovall of ſo great an obſtruction,
2. The poore Clothier ſuppreſſed, none being to trade to thoſe parts but the Company, THE CLOTHIER MAKES NOT HALF THE CLOATHES HE MIGHT: and for thoſe he doth make, they being of a confederacy, and having all the priviledge of buying in their own hands; by reaſon whereof, many times he is forced to ſell them at a farre leſſe price then they coſt him in making, or elſe to keep them till the next year, which diſcourages and ſlackens the Clothier in the proſecution of his calling, and cauſes ſome to fail, others to give over, and thoſe which remain many of them ſcarce can make a living.
3. This Monopoly greatly impaireth the trade of Cloth: thoſe who are judicious, affirme, that 5000. Cloathes more then are, would be made, ſhipped, and expended yearly in thoſe parts to which they are authoriſed to trade to; which I verily beleeve, and prove thus: All the cloth they ſhip, ſome extraordinary times excepted, is but to one or two Townes, and there reſiding their Factors, who making ſale to the Burger, hee ſendeth the cloth up & down the Countrey, whence ariſeth many miſchiefs, the countries not being furniſhed as they ſhould, as alſo the ſelling at ſuch exceſſive rates, cauſeth the Dutch to make cloath in an abundant manner, and to be ſatisfied with it, though it be exceeding courſe. And again, there being divers Kingdomes, Dominions, Dukedomes, Countries, Cities, and Townes, to which by their Patent they are licenced, what advantage would the young merchant have, having ſo vaſt a compaſſe, how active would hee be from Town to Town, from Citie to Citie, from one Countrey to another, and SELLING CHEAP, would invite forraigne parties to ſet a true eſtimate upon our native commodities. And certainly were trade free, Sweedland and Pomerland would vent much cloath; whereas the Company is not able to ſatisfie Eaſtland it ſelfe, by reaſon of the ſmalneſſe of their ſtock; it may be eaſily conceived, that ſuch a ſmall company of Private men, are never able to ſuffice ſuch famous Kingdomes and Dukedomes45 to which they onely are licenſed to traffick.
6. It cauſeth a great decay of Navigation, which ſuſtaineth the Mariners, ſo that by this and other the like Patents, the Saylor is greatly ſupprest.
7. It obſtructeth Returnes, divers of the moſt ſtaple commodities which our countrey ſtands in need of, are imported by them, viz. Flax, Hemr, Pot-aſhes, Pitch, Tarre, Courſe Linnen, Packing Canvas, with divers other very conſiderable merchandize: now they bring over when they pleaſe, and what they pleaſe, and ſell at what price they pleaſe, which cannot but have ſundry evill concomitance, 1. Our Country is not ſatisfied with that variety and conveniency it ſhould: and 2. By reaſon the Citizen gives ſuch an unreaſonable rate to the Merchant, the poore have all exceſſive deare, giving halfe as much more then the commodity is worth, or then it would be ſold for, were the trade but open, from which and ſuch other dealings it is, that the people are unconſcionably waſted and weakned: and threfore what ere it coſt us, lets have this ravenous patent down: whereby there would be all theſe ſix gallant effects 1. Multitudes of poor maintained. 2. The Clothier raiſed. 3. The trade of cloath greatly augmented, by reaſons that thouſands might be vented more then are. 4. The number of Merchants increaſed. 5. The Art of Navigation furthered. 6. And laſtly, an univerſall benefit to the whole nation, from the plenty of merchandiz imported, which we ſhould have at farre eaſier and more valuable conſiderations.
Object. But if trade be free, the Alien will expect freedome alſo.
Anſw. I ſee no ground but aliens paying cuſtome, provided alwayes that wee enjoy as full and large priviledges with them, they ought to have the like here with us. But ſecondly, ſuppoſe the State ſhould prohibit ſtrangers yet there is no ſhadow or colour of right reaſon, that we who have equall liberties in the lawes, have vētured our eſtates & lives ſo freely to preſerve them, ſhould be deprived of our true inheritance: & therfore for further ſatisfaction, I ſhall here inſert part of their Charter, that every one may judge whether it be juſt or no.
Foraſmuch as we be credibly informed, &c. that you our Subjects, Merchants and others, exerciſing and uſing the traffick and feat of Merchandiſe,46 out and from any our Dominions through the Sound, into the Realmes, Kingdomes, Dominions, Dukedomes, Countries, Cities and Townes of Norway, Swethia, Poland, and the territories of the ſame Kingdomes: as alſo into Letto, and Liefland, under the dominion of the King of Pole, Pruſſia, and alſo Pomerland, from the river of Odera Eaſtward, and alſo Ry and Revill in Liefland aforeſaid, Kingsbrough, Elbinge, Brownſbrough, and Danſick in Bruſia, Copenhaven and Elſenore in Danſk: except the Nerve, and the territories thereof belonging: as: alſo into the Iſland of Finland, Goteland, Eweland, and Burutholme within the Sound aforeſaid, by one conſent are willing to gather, and aſſemble your ſelves into one fellowſhip, and to be one body incorporate and politick, in deed and in name; Wee conſidering that your purpoſes in this behalf are very laudable, doe therefore not onely approve and ratifie the ſame, but will you to perſevere in your good minds and purpoſes, to the eſtabliſhment and perfection thereof, and earneſtly deſiring that our Merchants and their ſucceſſors haunting the ſaid Kingdomes, Dominions, Countries, Cities and Townes before mentioned, or any of them, for merchandize, in and through the Sound of the Kingdome of Denmark (except before excepted) may from henceforth profit and increaſe as proſperouſly as any Merchants of this land have aforetime increaſed and profited: And do grant for us, our heires and ſucceſſors, that from henceforth there be and ſhall be of the ſaid fellowſhip, one GOVERNOR, one DEPUTY, or DEPUTIES, and foure and twenty ASSISTANTS of the ſaid fellowſhip; and that they, or the major part of them may make Statutes, Lawes and Ordinances; and that the aforeſaid Governor, or Deputie, or Deputies, and their ſucceſſors, or the major part of them; as is aforeſaid then preſent, as often as need ſhall be; the ſaid Statutes, Lawes and Ordinances, ſhall and may execute and put in execution as well within our Realme of England, as within the ſaid Realmes, Dominions, Cities & Countries, and every of them. And for that divers perſons, our ſubjects, being not brought up in Merchandize, through their ignorance and lack of knowledge, commit many inconveniencies, we willing to reſiſt and prevent them, and intending to further the47 expert Merchant in their lawfull and honeſt trade: Will and by our Regall authority we command, and alſo prohibit and forbid by theſe preſents, that no ſubject of us, our heires, or ſucceſſors, which is not, nor ſhall be by force of theſe preſents, made free of the ſaid Fellowſhip, ſhall by any maner of means at any time hereafter, intermeddle in the trade of Merchandize; or by any means buy and ſell, or uſe any traffick into the ſaid parts of Eaſtland, and countries aforeſaid, or any of them, (except before excepted) upon pain to incurre our indignation: as alſo to pay ſuch fines and amercements, and to ſuffer impriſonment, and ſuch other pains due to the tranſgreſſors of of the ſaid ſtatutes, ordinances and conſtitutions of the ſaid fellowſhip, or to the ſaid Governor or his Deputy and aſſiſtants aforeſaid, ſhall ſeem meet and convenient, any law, ſtatute, cuſtome, or ordinance to the contrary thereof, many other things notwithſtanding, &c.
And do further by theſe preſents inhibit and forbid all and every our ſubjects, & the ſubjects of us, our heirs & ſucceſſors, not being licenſed and authorized by vertue of theſe preſents, to traffick in and to the ſaid Countries, Kingdomes, Towns, and places before recited, or uſe any manner of trade in or to them, contrary to the tenor of theſe preſents, upon pain to incurre the diſpleaſure of us, our heirs, and ſucceſſors, and to be fined, pained, and impriſoned, according to the ſeverall diſcretions and lawes of the Officers of the ſaid former ſeverall Companies and their ſucceſſors.
I no ſooner made a ſurvey of this cruell engine, what intollerable breaches and in-rodes it hath continually made upon us, but was caſt into a ſudden admiration, that ſo free a people as England ſhould ſuffer themſelves ſo violently to be ground to powder, which I ſhall illuſtrate to be treaſonable in the practiſers of it, by theſe Poſitions, 1. If to ſurrender a Caſtle by the Captain of that Caſtle, through feare and cowardize, and not from any compliance with the enemy, be treaſon; as was adjudged in the Parliament, 1 Rich. 2. Then is this a treaſonable Patent: For beſides the place, there is onely a loſſe of the adjacent parts, but by this Patent our Lawes, Liberties, nay, our very Lives, in purſuance48〈1 page duplicate〉49〈1 page duplicate〉48of both the former, are ſubjected to will and tyrannie, he that walkes in the exerciſe of freedome, according to Law, is ſubject to their counter-commands, and to be fined payned, and impriſoned, and to ſuffer ſuch other puniſhments, as to them ſhall ſeeme meet and convenient.
If to kill a Judge upon the Bench be treaſon, becauſe of malice, not to the perſon, but to the Law; then is this a treaſonable Pattent; here is not only a malice to the Law, but a moſt butcherly weapon-killing and deſtroying of it. Theſe two cannot dwell together; for the life of the patent, ſo far as it extends, is the death of the Law, which ſtops its free courſe for the benefit of the people, and makes it meerly a dead letter, a carkas without a ſoule, a power being given to Mr. Governour and his companions, to make Lawes, Statutes, and Ordinances; which power is more, and far greater, then belongs to the chiefe Magiſtrate to give, or can legally or juſtly be exerciſed by any but the Parliament; and therefore not to be received by any perſon or perſons whatſoever, and certainly thoſe Laws, & all that Government derived from Queen Elizabeths Broad Seal Commiſſion, are according to the luſts of theſe men, being extrajudiciall, in that they are above the Sphere of the Law.
Secondly, Contrary to the Law, if the endeavouring the ſubverſion of the antient Fundamentall Lawes and Governmant of this Kingdome, and to introduce an arbytrary and tyrannicall Government be treaſon, as was adjudged in the caſe of the Earl of Strafford, and in the caſe of Sir Robert Berkly, by the firſt Article of impeachment by the Houſe of Commons, July 6, 1641. then is this a treaſonable patent; for here is not only an indeavour, but an actuall ſurrender of both Law and Government, which have made England a free people; and what more ancient or fundamentall, then thoſe Laws which gratifie the Commons; and by which they enjoy their very lives: Here is an arbytrary Government introduced, and put into the hands of thoſe whom the ſubject doth not owne to have any right of power & rule; and that in ſo high a nature, as can be no leſſe then Monarchicall; for what can a Monarchicall power be, but to make lawes, and to puniſh the tranſgreſſors according to thoſe lawes, by confiſcation of goods, impriſonment, or taking away the life of the vaſſals: All which, they do by their patents49 and certainly this company of Merchants of Eaſt-land, who have practiſed arbytrarily for ſo long a•…me, as they have done, againſt the liberties of the natives, deſerve for all their cruelties to be proceeded againſt as publike Delinquents to the State.
3. As touching their Oath, it is one of the worſt I am confident) that ever was made, which I ſhal here inſert for every mans knowledge.
YOu ſhall ſwear to be good and true to our Soveraign Lord the Kings Majeſty, and to his Heires and Succeſsors. you ſhall be obedient and aſſiſtant to Mr. Governour, his Deputy and Deputies, and Aſſiſtants of Merchants of Eaſt-land. All Statutes and Ordinances, which bee, or ſhall be made by the ſaid Governor, or by his Deputies, and Aſsiſtants ſtanding in force; You ſhall truly hold and keepe, having no ſingular regard to your ſelf, in hurt or prejudice of the Common-wealth of the ſaid Fellowſhip; You ſhall heale, and not bewray: and if you ſhall know any manner of Perſon or Perſons, which intend any50 hurt, harme, or prejudice to our ſaid Soveraign Lord the Kings Majeſty, or unto his Land, or to the foreſaid Fellowſhip or Priviledges of the ſame, you ſhall give knowledge thereof, and do it to be known to the ſaid Governour, or his Deputy; and you ſhall not colour or free any Forraigners Goods not free of the ſaid Fellowſhip: All which you ſhall hold and keep to the uttermoſt of your power, or elſe being juſtly condemned for making default in any of the premiſes you ſhall truly from time to time, being orderly demanded, content & pay to the Treaſurer of this Company for the time being, all and every ſuch mulcts and penalties which have been or ſhall be limitted, and ſet for the Trangreſſors of the ſame.
51Lieutenant Col. Lilburn, in his late book, called Innocencie and Truth juſtified, being an Anſwer to Mr. Pryns book, called the Lyar confounded, hath theſe paſſages, pag. 53. And in the ſecond place, ſeeing they know, viz. the Merchant-Adventurers, That the Petition of Right doth condemn the King and his Privie Councell, for making and adminiſtring of Oaths not made by COMMON CONSENT OF PARLIAMENT; and ſeeing the Parliament, as they very well know, was lately ſo angry at the Biſhops and their Convocation, for aſſuming to themſelves the boldneſſe to make an Oath, although they were inveſted with a more colourable authority to juſtifie them therein, then thoſe can pretend; how exemplary ought the puniſhment of theſe men to be for their impudence and boldneſſe, after the knowledge of all this, to force and preſſe upon the free-men of England, an Oath of their own framing and making, and to keep their freedomes from them? becauſe, out of Conſcience they dare not take them, which at this preſent day is the condition of one Mr. JOHNSON, late ſervant to Mr. WHITLOCK, one of the Eaſt-Country Monopolizing Merchants, which is all one in nature with the Monopoly of Merchant Adventurers: And not onely do they moſt unjuſtly keep my freedome from me, for which I have ſo often ventured my life in the Northern ſervice this preſent wars, and to which, I was born by the Law; although I have ſerved 7. years according to the Cuſtome of the City of London, but moſt inhumanely have taken from me my place of Factorſhip in the Eaſt-land; and all, becauſe I have rejected their Monopoly and Diabolicall Oath: and this was the gallant ſervice of Mr. Burnel Governour, and his Aſſociates the 3. Octob. 1645. but I except to ſee Juſtice (that baniſhed exile) return in all her glory, and theſe oppreſſing task-maſters called to a juſt account: For certain I am, that the Law never gave them authority to make an Oath, or to force it upon my Conſcience; beſides, the Oath containeth many perjuries, in the ſecond branch it ties the ſwearer to be aſſiſtant to Mr. Governour, and his Confederates, in all their diſhoneſt proceedings.
In the third Branch, to keepe all their pernicious Lawes and Ordinances; which Lawes and Ordinances are to deprive the Subject of his right; and this will not ſatisfie, but to all that are to be made: O intollerable burthen! whither will this bottomleſſe52 pit go? here is &c. &c. &c. and innumerable company of &c. In the fourth branch; to keepe all their cozening ſecrets, and under-hand dealings in the purſuance of their patent.
And in the fifth branch, for making default in any of the premiſes; that is, for forſwearing himſelf, which he doth that keeps it, aſwell as he that keeps it not, becauſe he ſwears not in truth, in judgment, and in righteouſneſſe, to pay ſuch mulcts and penalties which have been or ſhall be limitted and ſet for the tranſgreſſors of the ſame, as if ſuch great crimes could be waſhed away with a pennance: for my part I am clear in this point, that whoſoever he bee that bends and yeelds obedience to this or the like Oath, deſerves not the name of an Engliſhman: Surely, their deſignes are (to uſe the expreſſion of Lieutenant-Colonel Lilburn, in page the 54. of his book, ſpeaking againſt the Merchant-Adventurers) to make England a Land of ſlavery, ignorance, and beggery, or elſe a Land of perjury.
I have now learned the meaning of the Scripture, Rev. 13.16, 17. And he cauſeth all both ſmall and great, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads, that none might buy or ſell, ſave he that had the marke, or the name of the beaſt, or the number of his name: which relates, as I conceive, to all Monopolies whatſoever, ſublata cauſa tollitur effectus, take but away theſe Merchants patents, and all other of the like nature; and there will a ſudden way appear to the relief of the honeſt, comfort and tranquility to the whole Nation: for the effecting wherof, if I ſhall but irritate the courteous Reader, it is price ſufficient for him whoſe deſire it is not to live, but in the truth.
But for the further evincing of the illegality of theſe Patentee-Monopolies, I ſhall here inſert a caſe upon the Statute of Monopolies, which was made and reſolved by an able and learned Lawyer & who had not a little ſhare in the framing & contriving of the ſaid Statute: which caſe thus followeth:
IN the 21. year of the raign of Queen Elizabeth, divers Merchants of the City of•ondon obtained a Grant by Letters-Pattents53 from the ſaid Queen, whereby they are incorporate by a ſpeciall name, pro ut, &c. and made a Body politique to have perpetuall ſucceſſion; with a Grant, that they and their Succeſſors may uſe the traffique and fear of Merchandize, out, of, and from any her Majeſties Dominions, through the SOVND into SWETHIA, POLAND, and other COVNTRIES: which Corporation is commonly called the EAST-LAND COMPANY, with a Clauſe in the ſaid Letters Pattents; that none but they themſelves, and ſuch as they ſhall think fit (for ſuch Fines and Compoſitions as they ſhall impoſe, and in ſuch manner and forme as they ſhal direct and allow of) ſhall trade or traffique through the ſaid SOVND into the ſaid parts of SWETHIA or POLAND, &c.
In the 20. year of King CHARLES I. S. being a Merchant, Citizen, and Free-man of the ſaid City of London, but not a member, nor free of the ſaid Incorporation, nor of the ſaid Eaſtland Company, provideth Engliſh commodities of good and merchantable cloth, well and ſufficiently wrought, dreſſed and dyed, and ſhippeth, or really offer•th to ſhip the ſame, to be carryed from the Port and City of London aforeſaid, by way of trade, traffique, and merchandize, through the ſaid SOVND to Dantzick in Poland and maketh, or offereth to make, reall and due entry thereof in the Cuſtome-houſe of the Port of London aforeſaid; and to pay all Cuſtomes, and other duties and fees any way payable by Law, for or in reſpect of the ſhipping or entring therof.
J. N. by, upon, and in purſuance of a Warrant or Command from the ſaid Incorporation of Merchants, or Eaſtland Company, forbiddeth the ſaid J. S. and the Officers of, and in the ſaid Cuſtome houſe, to make entry of the ſaid goods, of, or for the coquetting or cuſtoming of the ſame, and forbiddeth the Maſter & Marriners of the ſhip, wherein the ſame ſhould be laden or laid aboard, from taking or ſtowing them aboard in the ſaid ſhip.
The ſaid J. S. perſiſting nevert•eleſſe in his endeavour duly to enter his ſaid goods, and to coquet and cuſtome the ſame, as to law appertaineth.
54The ſaid I. N by pretext of ſome Warrant, or command from the ſaid Incorporation, or Eaſtland Company of Merchants, grounded upon their Grant and Letters-Pattents aforeſaid, ſeizeth upon, taketh, carrieth away, and detaineth the ſaid goods, againſt the will of the ſaid I. S. and will not let it paſſe in the courſe of trade, nor reſtore the ſame to him, upon, and after reaſonable requeſt thereof made.
The queſtion is, whether the ſaid I. S. may as a party grieved, have his ſpeciall action, upon the Stat. of 21. Iac. chap. 3. concerning Monopolies, againſt the ſaid I. N. and recover his treble dammages, and double coſts; yea, or no.
Vpon carefull peruſall of the ſaid Statute, as well the inducement or recitall thereof, as the body of the ſame, and the ten ſeverall Proviſoes therein contained; I am of opinion, that the ſaid I. S. may have his Action upon the ſaid Statute againſt the ſaid I. N. and that he may, and ought to recover his treble dammages, and double coſts, according to the purport of the ſame Statute.
My Reaſons are as followeth:
Firſt, I hold the ſaid Letters-Pattents of 21. Eliz: for ſo much thereof, as concerneth the reſtraint of the Merchants, being Freemen of this Realm, from lawfull trading at their pleaſures; to bee a Monopoly, or matter tending to the inſtituting, erecting, furthering, or countenancing of the ſole uſing of a thing within this Realme, by ſome men within this Realm, excluding others having right to uſe the ſame, which is a Monopoly, or tending towards the ſame; and ſo was and is void, by force of the common Law, without the helpe of this Statute, which doth not in this point introduce or make a new Law; but only declareth, vindicateth, and confirmeth the ancient Lawes of the Land, by Judgment of the Parliament; as appeareth by the words of the ſaid Statute in many places: namely, in the inducement to the body of the Act: in which inducement, it is recited; that the Declaration of King James, in55 1610. (That all Grants of Monopolies were contrary to his Majeſties Lawes) is conſonant and agreeable to the ancient and fundamentall Lawes of this Realm.
And in the body of the Act, the word [declared] is put before the word [enacted.]
And the principall words of the Act run thus, viz.
That Monopolies, and all Commiſſions, Grants, Licences, Charters, and Letters Pattents, made, or to be made, of, or for the ſole uſing of any thing within the Realm, and all Proclamations, Reſtraints Warrants of Aſſiſtances, and all other matters and things whatſoever, any way tending as aforeſaid, are ALTOGETHER contrary to the Lawes of this Realm, and ſo are, and ſhall be utterly void, and of none effect, and in no wiſe to be put in ure or execution.
Which ſaid leading words, viz. That they are contrary to the lawes; and the ſaid concluſive words, viz. and ſo (that is, in true ſence; becavſe they are contrary to the Lawes) they are void; do manifeſtly ſhew, that without the help of this Law, the ſaid Letters Pattents and all others of like nature were void. And the declaratory part of the ſtattutes was made only for the better enlightning of weaker judgments, or to arme the Miniſters of Juſtice with confidence and ſecurity, to deliver and adjudge the Law in ſuch particulars of this nature, as might after come in queſtion againſt the importunity of powerfull Courtiers, when there was a direct written text of Statute-Law, which they might inſiſt upon more perſpicuous then the fundamentall common-law, and generall good cuſtome of the Realm was, while being unwritten, it reſted onely in the breaſts of thoſe who are the diſpenſers of it, every Judicatory in its proper turn.
After the Declaratory part of the ſaid Statute, followeth the new proviſionall introductive part of it; whereby (omitting purpoſely in this place, the word declared) it is further enacted, That if any perſon ſhall be hindered, grieved, diſturbed, or diſquieted, or his, or their goods, or chattels any way ſeized, attached, diſtrained, taken, carryed away, or detained by occaſion or pretext of any Monopoly, or of any ſuch Commiſſion, Grant, Licence, Power, Liberty, Faculty; Letters-Pattents, Proclamation, Inhibition, Reſtraint, Warrant of Aſſiſtance, or other matter or thing tending as aforeſaid (as in〈◊〉56ſaid Act is mentioned) and will ſue to be relieved in or for any the premiſes, That then, and in every ſuch caſe, the ſame perſon and perſons ſhall and may have his and their remedy for the ſame at the common-law in the Kings-Bench, Common-Pleas, or Exchequer, by any Action or Actions, to be grounds upon this Statute againſt him by whom he ſhall be ſo hindered, &c. or by whom his goods ſhall be ſo ſeized, &c. and recover TREBLE DAMMAGES and DOVBLE COSTS.
And in ſuch ſuite, as for the ſtaying thereof, no priviledge, injunction, or order of reſtraint, ſhall be prayed, granted admitted, or allowed, nor any more then one imp•…ance, with a Clauſe of praemunire, pro ut, &c.
And by this Clauſe, in the next place I obſerve clearly, that the ſaid I. S. as the caſe is put, is to have his ſpeciall action upon the ſaid Statute againſt the ſaid I. N. to recover his treble dammages, and double coſts, and is not to be hindered from his proceeding by any priviledge, or order of reſtraint, &c. In caſe the 5. of the 10. proviſoes in the ſaid Act contained, do not ſufficiently extend to exempt the ſaid J.S. or his caſe, out of the declaratory part, and out of the new proviſionall and introductive part of the ſaid Statute.
The effectuall words of the ſaid fifth proviſoe, are onely theſe, viz.
And it ſeemeth to me, that this fifth Proviſo doth neither in words nor in meaning exempt the ſaid I. S. or his caſe, out of, or from the Declaratory part, or out of, or from the Proviſionall and Introductive part of the ſaid Statute: Becauſe as to the Declaratory part, the ſaid proviſo being repugnāt to the body of the act, muſt needs be, & is, in true cōſtruction of law, utterly void, as being therein totally repugnant to the declaratory part of the body of the Statute. For to ſay that all Monopolies and all Grants of ſuch and ſuch natures, are void by law, and yet to conclude that a particular Monopoly or Grant for ſole uſing of a thing &c. which by Law is a Monopoly, and ſo declared, is neuertheleſſe no Monopoly, or is not void, is irreconcileably repugnant, and conſequently the ſaid Proviſo, or Exception, being of ſuch repugnant nature, as aforeſaid, is in Law void.
And if it be objected by way of queſtion, Why then was the Proviſo inſerted? The true & ſufficient anſwer is eaſie, namely, That it was inſerted to ſecure the city & Merchants whō it did or might concern of thus much (which was all the right that was intended them) That if their Charters or Cuſtomes were in all, of in part good and valid in Law, before the making of this Statute; then in the points of ſuch their force and validity, this Statute ſhould not make them worſe; but leave them as they were before.
And whereas it may be objected, That though the ſaid Proviſo cannot exempt them out of the Declaratory Premiſes and body of the Act, yet it might exempt them from the new proviſionall and Introductive part of the Act, namely, from being liable to treble dammages, and double coſts, and from incurring the paines, penalties, and forfeitures of the Statute of Proviſion and Premunire, and that the ſaid proviſo ſhall take effect to this purpoſe, as by law it may, rather then be rejected as utterly void, & impertinent; I conceive nevertheleſſe, that this objection is of little force, becauſe there was neither meaning in the Law-makers ſo to exempt them, nor are there any words in the Act expreſſing their intention ſo to bee, as appeareth by the very act it ſelfe, (the beſt expoſitor of the true meaning of it ſelfe) in comparing58 this proviſo with the other parts and proviſoes of and in the ſaid act; which are differently penned from this proviſo, and thereby doe ſhew the different meaning of the Law-makers in and concerning the Subject matter of this, and the ſubject matter of the ſaid other Proviſoes.
For the 6. 7, 8. 9. and 10. proviſoes in the ſaid act, are penned with apt and ſtrong words in the beginning of every of them,That it is provided and enacted that the ſaid act, or any penalty or forfeiture before mentioned, ſhal not extend to Letters patents, or grants concerning Printing, Salt-peter, Gunpowder, caſting or making of Ordnance, ſhot for Ordnance, Offices erected then in being, and not decryed, Allum, Allummines, the fellowſhip of the Hoaſtmen of Newcaſtle upon Tyne, the licencing of Tavernes, the making of glaſſe, the tranſportation of Calves-skins, the making of ſmalt, and the melting of Iron-ore with Sea-cole or pit-cole. All which laſt mentioned proviſoes, except onely the eighth, doe conclude with words, That the ſaid excepted letters Patents, and grants ſhall be as free from the proviſions, penalties, & forfeitures contained in the ſaid act,as if the ſaid act had never been had or made; whereas the ſaid fifth proviſo hath no ſuch apt or effectuall words either in the beginning or concluſion thereof. And though it be true, that the words in the beginning of the fifth proviſo, are,That the act, or any thing therein contained ſhall not extend or be prejudiciall to the Citie of London, or to ſuch grants or letters patents, as that proviſo referreth unto, which are large enough to exempt them from all proviſions, diſablements, penalties and forfeitures in the ſaid act,as the ſame are parcell of, and contained in the ſaid act; yet the word [prejudiciall] annexed to that word [extend] and the words in the concluſion of the ſaid fifth proviſo, which are of an explanatory and qualifying nature, doe ſo reconcile the ſaid proviſo to the body of the act, that upon the whole matter it is evident, the ſaid Grants and Letters patents, by the meaning of the Law makers well couched, yet fully expreſſed in their words, are by the ſaid proviſo ſo and in ſuch ſort onely excepted from prejudice by the extent of the body of the Act thereunto, that they ſhal be and continue of ſuch force and effect in law, and of none other, as they59 were before the making of the ſaid act, which was juſt none at all in law, and therefore are now in every reſpect utterly void in law, (being by this act left without any Cloke, or Fig-leafe covers) any proviſion in the ſaid act to the contrary notwithſtanding: but not to be free from the declarations, penalties and forfeitures in the act contained, as if the act had never been had or made. For, to be of force as they were before the Act, is one thing, and to be as free as if the Act had never been, is another thing. And it is not to be conceived, that the ſaid ſeveral proviſoes in the ſaid act contained, came to be ſo differently penned by meer accident, but by deliberate & wel-adviſed purpoſe, which is very cōſiderable for the true interpretatio of the ſaid act For if the words [or be prejudiciall] be not explanatory, they are void & ſuperfluous: for the word [ſhall not extend] was ſufficient to except the intended grants and Letters Patents, out of the proviſion of the body of the Act to all purpoſes, if ſo large exception had been intended, as it was not; and therefore the words (or be prejudiciall) which are ſubjoyned, muſt needs be explanatory, or qualilifying, rather then rejected as•…terly void: and then the true ſenſe of both words united in right conſtruction, is, That the proviſions of the Statute ſhall not extend to the ſaid grants, or Letters patents, to due unto them, or bring upon them any prejudice, that is, any wrong**Note well. by taking away the good or valid part thereof, or by making them of leſſe force or effect then they were before the Statute, which had been a prejudice or wrong unto them; but no prejudice or wrong is done to the Letters patents, by giving a large and good remedie to parties grieved by offences to be done by colour of the ineffectuall parts, or clauſes of ſuch Grants, or Letters patents, which were void from the beginning. And note, this is not a popular and penall law in this point, but onely a law conferring reliefe upon parties grieved, and to be largely interpreted accordingly.
And whereas it may be objected, That in the ſaid Act there a•…foure other proviſoes precedent to the ſaid proviſo concencerning London, and the Societies and Companies of Merchants of this Realm, erected for the maintenance, enlargement, or ord•…ing of trade, or Merchandize, for the excepting thereof, out of,〈◊〉from the ſaid act, or out of or from the declarations of and in the60 ſaid Act, which in the entrance into the ſaid proviſoes, or at the concluſion thereof, have no words to except the particulars in thoſe proviſoes ſpecified or deſcribed from the proviſions, penalties, & forfeiture, is contained in the body or purview of the ſaid act; yet it were hard to think ſuch perſons as by pretext of letters patents, or grants of the King, or his predeceſſors in that behalfe made with clauſes in them (peradventure) reſtraining all men without the conſent of the Patentees, or their aſſignes, from exerciſing ſuch particulars, ſhould hinder men from their trade, in ſuch ſort onely as before the making of the ſaid Statute they uſed without controll to doe, ſhould onely for ſo hindering or diſquieting a man, or for ſeizing or taking away of his goods after the ſaid Statute bee expoſed to an action or ſuit, wherein they ſhould be liable to pay treble dammages, and double coſts.
It is by way of diſtinction to be anſwered;That if the makers of the law had ſo intended, they would have uſed the like words in this fifth proviſo, as they did in foure of the five laſt proviſoes,and their not uſing the ſame, importeth ſtrongly that they meant not any ſuch matter. Alſo, the concluſion of the ſaid fifth proviſo being (as in effect) I have noted before, with an explanatory clauſe, viz. that the ſaid Letters patents, &c. concerning ſuch Societies and Companies of Merchants, ſhould be & continue of ſuch force & effect as they were before, & of none other.Their force and effect before the Statute, was, that they were good to incorporate the ſaid Societies and Companies of Merchants, and of effect alſo to enable them to have perpetuall ſucceſſion, and to make ordinances and conſtitutions, not repugnant to the law of the Realm; which no Corporation in England can doe, no not London it ſelfe, as Sir Edward Cook affirms in the fourth part of his Inſtitutes, fol. 249. and chap. 50. And therefore all thoſe Ordinances, Lawes and Orders made by the Court of Aldermen, and Common Councell of London, or by any of the Bro•…hoods, or Patentee-Mynopolizing Corporations of Drapers, Mercers, Grocers, Cloath-workers, and Merchants of what Countrey ſoever, that are contrary to the known, univerſall, and fundamentall law of the land, are abſolutely and utterly void, and not in the leſt to be obeyed, and puniſhable is he that ſhall put61 them in execution, and ought to bee reputed an enemy to the Lawes and Liberties of England; with other legall benefits, and of ſuch force and effect they ſtill are, by the declaratory operation of the ſaid proviſo; wherewith the ſaid proviſo is aptly and fully ſatisfied, and no need to extend the ſame to exempt perſons offending (by colour of ſuch Grants, or Letters Patents, out of, and from the penalties or forfeitures inflicted by the act, by pretext of the illegall part of ſuch letters Patents and Grants, the rather for that this is a beneficiall law, made for the good of the Common-wealth, and FOR FREEDOME AND LIBERTY OF TRADE, and of the free Subjects of the Realm in that behalfe: and therefore is to be largely interpreted for advancement of the generall remedy intended; and ſtrictly to be interpreted in all points and particulars tending to abridge or reſtrain that good remedy. Alſo there are two main differences betwixt the ſaid fifth proviſo, and the foure firſt proviſoes in the ſaid Act. For the firſt two of the ſaid four proviſoes, concerning letters patents of priviledge, have in them theſe words, the firſt of them, that the ſaid Declarations in the act ſhould not extend to ſuch letters Patents formerly made; & the ſecond of them, to ſuch letters Patents futu•ely made concerning the ſole makong or working of new Manufactures to the firſt and true inventers thereof for a reaſonable time of 21. yeares, or under, for ſuch Letters Patents granted before the Statute; or for fourteen yeares, or under, to bee granted after the Statute: foureteen yeares being but the common time of two ordinary Apprentiſhips. Which kind of letters Patents granted as a juſt reward to the proper perſon or his aſſignes for and in reſpect of a meer new and good invention, not miſchievous to the State, nor hurtfull to Trade, nor generally inconvenient, was never counted an illegal monopoly. And therefore being qualified, as in the ſaid proviſoes, and limited to the tearms of 21. and 14. yeares, as aforeſaid, were not repugnant to the Declaratory part, or main body of the Statute, but wel conſiſtent with the ſame, being reconcileable and reconciled by reaſonable conſtruction; whereas the Leters Patents and Grants in the ſaid fifth proviſo, are perpetuall: and ſo farre as they tend to RESTRA•N FREE TRADE, and to appropriate it ſolely to ſome few perſons, are MISCHIEVOUS MONOPOLIES,62 hurtfull to the State, generally inconvenient, and by the ſaid proviſoe not limitted to have continuance for any time or number of 21. or 14. yeares, or other terme whatſoever, nor otherwiſe in any ſort, conſiſtent with the body of the Act, and therefore either the Act muſt be void, or the ſaid proviſoe, which being ſo, it followeth by the cleare rule for the conſtruction of Statutes, that the ſaid 5. proviſoe, and not the body of the Act, is to be rejected as repugnant and voyd.
Touching the third proviſoe, it is of ſo particular and ſpeciall a nature, that no argument can be drawne from the words, or from the manner or forme thereof, towards the conſtruction of the ſaid 5. proviſoe; for the ſaid third proviſoe is onely concerning priviledges, powers, or authorities formerly granted by Act of Parliament, which (not being unlawfull in the creation) however they might tend to give the ſole uſing of ſome things to ſome particular perſons, becauſe they were erected by act of Parliament, to which all men in Law being parties are in Law concluded & bound thereby, alwayes provided they be not contrary to the fundamentall Lawes of the Kingdome, for the Parliament by their own confeſſion are choſen and truſted by us to provide for our weale but not for our woe, Book. Declar. pag. 150. and therefore all the ordinances and orders of late unduly obtained from the preſent Parliament, by the Turky Merchants, Merchant-Adventurers, Greenland Merchants, or any other whatſoever; for the hindering of every free Engliſhman to trade into any place whatſoever beyond the Seas, or for the ſole ingroſſing it into the hands of ſuch and ſuch men, is altogether contrary to the juſt fundamentall Lawes of the Land, and ſo altogether illegall, unbinding, and ought not in the leaſt to be obeyed, and I know no reaſon but the executers of them may as juſtly be put to death as Traytors, for indeavoring the ſubverſion of the fundamentall Lawes of the Land, as Juſtice Empſon, and Juſtice Dudloy, were in the firſt yeare of Hen. 8. Speed. fol. 978. 983. Martin fol. 353. 355. 356. For their oppreſſions, and innovating cruelties, exerciſed upon the bodies and goods of many of the freemen of England, by coullor of an unjuſt and illegall Act of Parliament made in the 11. yeare of H. 7. Chap. 3. which Law,63 ſaith learned, Sir Edward Cooke in the ſecond part of his inſtitutes fol. 51. was made againſt the antient and juſt fundamentall Law of the 29. Chapter of Magna Charta, yea in the very face of it, and therefore he calles it (though an Act of Parliament) an unjuſt and injurious Act, ſo that a Parliament cannot de jure do what they pleaſe, although de facto ſometimes they do it, which is moſt unjuſt in them ſo to doe.
This third proviſoe was inſerted in caution leſt this latter generall declaratory Act being contrary to ſuch former particular Acts, qualified as before ſhould amount to a repeale thereof; which by the makers of this law was not intended; and this proviſoe inſerted to make due proviſion according to ſuch their true meaning.
And touching the 4. proviſoe concerning privy Seales, enabling Judges in certaine caſes to compound, it relateth not at all to that part of this Act concerning Monopolies, but to the other part of it, which concerneth the diſpenſation with penall Lawes, and the forfeiture•thereof; as by the diſtinct parts of the Act, reddendo ſingula ſingulis, doth manifeſtly appeare, whereby no argument can be drawne from the matter or words, or from the manner or forme of this proviſoe, towards the conſtruing of the ſaid 5. prouiſoe, which onely relateth to, and concerneth that part of the Act, which treateth of Monopolies. And therefore upon the whole matter for the reaſons aforeſaid, I am of opinion, that the ſaid letters-pattents of 21. Eliz. and all ſuch like are within the compaſſe of the ſaid Act, and thereby in the body of the ſame, declared to be a Monopoly, and are not by the ſaid 5. proviſoe, excepted or preſerved from or againſt the proviſion, penalties, or forfeitures of and in the ſaid Act contained; But that the ſaid I. S. MAY HAVE SVCH ACTION FOR TREBLE DAMMAGES AND DOVBLE COSTS AS AFORESAID.
Having unto this paraphraſe upon the Statute of Monopolies, joyned ſome Marginall notes of my own, the better to cleare ſome things contained in it; I ſhall heere inſert you Mr. William Sycks his moſt excellent Remonſtrance to the Parliament, delivered with his own hands to the Members thereof,64 in March 1645. immediataly after he, and Mr. Thomas Iohnſon Merchant had delivered a moſt excellent and gallant Petition to them, the Copy of which you may reade in my late printed booke, called Londons Liberty in Chaines diſcovered, pag. 43. 44. 45. and the end wherefore I inſert this Remonſtrance here, is becauſe I hope thereby to provoke you eſpecially; (O ye Barrons, or Commons of London) to revive his Remonſtrance againe, that ſo you your ſelves, may be inſtruments to procure unto your ſelves, and your poſterities, that extraordinary benefit (and inrichment to this whole Kingdome) free trade and trafick, which he (though free of the Merchant-Adventurers Corporation) with ſo much true zeale, honeſty, and importunate earneſtneſſe, laboured to procure for you, but could not.
Onely this I muſt tell you, he followed it ſo cloſe that by his meanes Collonel Alexander Rigby, that heroicall, true, and cordiall lover of his Country, had prepared to my knowledge the draught of an Ordinance, for ever to diſtroy all Monopolies, and abſolutely to ſet Trade free, but for want of more helpe then he had, could not then get it on in the Houſe, which by a new Petition from you (ſo many gallant and honeſt new Members being choſen ſince into the Houſe) now he eaſily may: Therefore for your own good and benefit as well as for the generall good and benefit of the whole Kingdome, and all our poſterities, I with all earneſtneſſe and importunitie in reat you with the ſtrength of zeal, and reſolved reſolution, forthwith unanimouſly to petition for the reſtoring of free Trade, and deſtroying of all illegall Monopolies of what kind ſoever, and alſo for the ſevere and exemplary puniſhment of all (the Ringleaders eſpecially) that have exerciſed them: that ſo the Generations to come may be terrified from the indeavouring the deſtruction of the fundamentall, and rationall eſtabliſhed Law and Liberties of England.
VVHereas of late the Remonſtrant, and Thomas Johnſon Merchant, for themſelves, and on the behalfe of all the free-men of England, did petition both Houſes of Parliament for Free Trade; which they are confident is the Common-wealths BIRTH-RIGHT, and reparations for wrongs done by thoſe Ingroſſers and Monopolizers, who by vertue of Patents, have been, and are ſellers of that hereditable right, as the Company of Merchant-Adventurers have done to Cisizens for 100. l. a man, and to Countrey people for 50. l. a man. The like may be ſaid of the Company of Eaſt-countrey Merchants, Muſcovia Merchants, Turkie Merchants, and other Companies of Merchants, who have for a long time practiſed this way of trade-ſelling, and Monopolizing, to the great grievance of the people, and detriment to FREE TRADE, both at home and abroad.
Which Petition was preſented to moſt Members of both Houſes, and diſperſed into the ſeverall Counties of England, that this honorable Court may no longer delay the diſcharge of their truſt, but ſpeedily improve their power to reſcue FREE TRADE64〈1 page duplicate〉〈1 page duplicate〉from ſuch Liberty-deſtroyers and Trade-ingroſſers, and that the people may the better know for what end and purpoſe they have adventured their lives and eſtates in theſe preſent warres.
Yet the ſaid Petition is not ſo much as publickly read in either Houſe of Parliament, far leſſe debated or anſwered, though the Common-wealth be ſo much concerned in it, as in nothing more, if the people knew their right and freedome, which this preſent Parliament hath confirmed, by the confirmation of Magna Charta, and by the executing of juſtice on the Earle of Strafford for his exerciſing arbitrary government againſt the freedome of England; therefore the Remonstrant doth conceive, that hee is bound in duty to follow the ſaid petition with this Remonſtrance, which he was emboldned to preſent for theſe two enſuing reaſons, and to anſwer ſome objections, referring the concluſion to a ſerious reſolution.
Reaſ. 1. The firſt reaſon is drawn from the ſecond Table of Gods law, which commands us to love our neighbour as our ſelves: This BIRTH-RIGHT OF FREE TRADE being as well our neighbours right as our own, therefore we petitioned as well for our neighbours, as for our ſelves.
Reaſ. 2. The ſecond reaſon is drawn from the intent of the Protestation, which we ſolemnly took in the preſence of Almighty God, To maintain the right and priviledge of the people with our lives and eſtates; this Free trade being all mens right and priviledge as well as our own, upon that ground we were moved to petition as well for their right of Free Trade, as for our own.
Obj. 1. But theſe Companies have been of long ſtanding.
Anſ. So have the Prelats, and ſo much the more wrong done to the Common-wealth, and therefore ſo much the greater need to be put down. For although robbing and taking of purſes upon the high way, be of ancient ſtanding, yet it doth not thereupon follow that ſuch a practice is ever the lawfuller.
Ob. 2. But Magna Charta doth continue Biſhops. (But I ſay, Magna Charta doth not eſtabliſh Biſhops, but onely the liberties and rights of the Church of England: and what thoſe are, the Scripture doth beſt tell us. And although Biſhops be taken away, yet the liberties of the Church eſtabliſhed by Magna Charta, to this very day remain,) And admits tranſportation of wooll.
Anſ. It is one thing to pull down Biſhops, and make an Act againſt tranſporting of wool, being the deſire and for the good of all; but it is another thing to take away the peoples Birth-right, FREE TRADE, without their conſent, and to their prejudice, yea and againſt many petitions of many thouſands in many Parliaments preferred for the reſcuing of that right, and reparations for the countries wrongs.
Obj. 3, But Free trade will be deſtructive to the Common-wealth.
Anſ. It will bee no more deſtructive to Eastland, Muſcovia, Turkie, the Low-Countries, and other places, then it is for France, Spain, Ireland, Portugal, and Scotland, which is none at all.
Obj. 4. But Cloath is of another and better nature then Wine, &c. which are forraigne commodities.
Anſ. The greater is the wrong, it being the grand in-land commodity, ſo that all other Patents and Monopolies may bee better renewed, then this continued.
Obj. 5. But Clothiers, and the like men, have not knowledge to manage this Free Trade.
Anſ. If it were ſo (as it is not) yet the ſame is occaſioned by theſe theeves and robbers, that cunningly and ſecretly by a faire but unjuſt and deceitfull pretence, ſteale the Common-wealths right, ſo as they are deprived of that opportunity to educate their children and ſervants, which may enable them to manage that priviledge of Free Trade.
Obj. 6. But they are againſt government, and would walk diſorderly.
Anſ. No, we would have both government and order in a ſolid and juſt way, but we are againſt helliſh oaths, unlawful fines, ſinfull orders, falſe impriſonment, law and right-ſellers, all which are practiſed by theſe Trade-ingroſſers, as will appeare by good teſtimony.
Obj. 7. But no man hath followed the petition.
Anſ. Is it not the duty of every Truſtee in the Houſe of Commons to proſecute the Common-wealths right, and peoples priviledge? But if that be the hinderance, it is the humble deſire of the Remonſtrant, that Mr. Rigby, and Mr. Martin may be appointed to draw up a full Ordinance without delay, that hee or they, whoſoever they be, under what pretence or fraud ſoever, may bee accurſed that removes his neighbours land-mark (his Birth-right, or Free trade) and that the Commons houſe may approve themſelves faithfull, and worthy the Common-wealths truſt, and according to the ſolemne proteſtation, to bring to exemplary and condigne puniſhment, thoſe who have been theeves and robbers in this kind; and according to an order made this preſent Parliament, it is earneſtly deſired, that the Houſe may be purged of all ſuch as are Patentees, Monopolizers, Trade-ingroſſers, Sellers of peoples right, and deſtroyers of the Free Trade.
And alſo out of all other places of publick truſt under the Parliament, whether in the Cuſtome-houſe, Commiſſion of Exciſe, Committees in City or Countrey, Soldiery, or other government, as Sheriffs, Treaſurers, Majors, Aldermen, and the like, who are not worthy to be continued in any Common-wealths truſt; & ſo much the more, by how much the longer they have practiſed ſuch deceitfull robbery, and to let all ſuch as have been wronged by theſe kind of men, have freedom with reſpect and countenance, to proſecute againſt theſe Caterpillers, for due reparations, according to the wrongs done by them and their Predeceſſors.
And if the Parliament would have the free people to fight for them, as they have willingly done, by venturing their lives and eſtates freely, to maintain their power and priviledge againſt the common enemy; then let that power bee improved and laid out again for the right and priviledge of the ſaid people, to reſcue and recover their Birth-right (Free Trade) out of the hands of thoſe greedy and ſubtile ſpoylers, yea and grinders of the faces of the poore.
If any further objection be made againſt Free trade; then it is earneſtly deſired that the Houſe of Commons would anſwer it themſelves, as parties in behalfe of the free people, who have called them to that truſt for that end; or otherwiſe let the mind & ſenſe of the common people in every County and Corporation (all Englond over) be produced, and let it go upon that, in which way the Remonſtrant is perſwaded, that a hundred to one will bee fot Free Trade.
So hoping this high and Honorable Court will have due reſpect to the premiſes, in all dutifull acknowledgement; the Remonſtrant ſhall deſire to prove himſelfe the Common-wealths ſervant,
(EEBO-TCP ; phase 2, no. A88161)
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