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.
The Printer to the Reader.
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.
To the Commons of London, commonly by the prerogative men thereof, called the Clokemen of London.
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 sottishly [Page 2] 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 right [Page 3] 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 from [Page 4] 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 paramount [Page 5] 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) forced [Page 6] [...]
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,
CARTAE DE ANNO SECƲNDO REG. HEN. 5. Parte secunda, num. 11.
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. [Page] [...] [Page 1] [...] [Page 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 secundum [Page 3] 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 quietantiam [Page 4] 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 quicun (que) eis 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 placitet [Page 6] 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 quoscun (que) voluerint & 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 alii [Page 8] 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 molestiam [Page 1] 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 libertates [Page 2] 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.
[Page 3]Inspeximus 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 custodia [Page 10] 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 lotto [Page 15] & 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 fuerint [Page 6] 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 & [Page 7] levare sine occasione nostri, vel hered. nostrorum, seu ministrorum quorumcun (que) & 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,
Clausae de anno Reg. Henr. sexti. De proclamatione facienda.
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 civium (que) nostrorum 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 proxime [Page 17] 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.
The Charter of the second yeare of King Henry the fifth, Part. 2. No. 11.
Of the Cō firmation 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 bee [Page 19] 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 made ‘And if any in all England take toll or Custome of the men of London,’ after such shall fayle to do right ‘The 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 or [Page 21] 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 indebted [Page 22] 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;
[Page 23]Be 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 command ‘that 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 Andelazio 14. 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.
King Iohn. First Charter,
Know ye that we have grantes! to our CITIZENS of LONDON [Page 24] 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 they [Page 25] 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,
K. Iohns second Charter.
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 CITIZENS [Page 26] 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.
K. Johns third charter.
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:
4. K. Iohns fourth charter.
[Page 28] Know 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:
K. Iohns fifth Charter.
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.
[Page 30]We 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 1 That 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 2 And the Major of the citie aforesaid shall not abide in the office of his Majoralty, at one time, above one year. article 3 And 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 4 And that they take such Clerks and serjeants at their own peril, for whom they will answer. article 5 And 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 6 Neither 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 7 And 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, [Page 31] others be chosen by the same Wards of which the Aldermen so removed were: article 8 And 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 9 And 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 10 And that no stranger or or alien be admitted into the freedome of the said citie, but in the Hustings. article 11 And 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 12 And 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 13 And 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 14 And 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 15 And that all and every of [Page 32] 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 16 And 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 17 And 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 18 And that nothing be taken for the setting to of the said Seal. article 19 And 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 20 And 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 21 And 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 22 And 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 23 And that [Page 33] 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 25 And 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 26 And 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 27 And 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 28 And 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 29 And 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 30 And 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 said [Page 32] 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, and [Page 33] 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,
A Clause of the 11. of King HENRY the Sixth.
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, and [Page 37] 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 the [Page 36] [...]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, [Page 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:
The Preface to all the COMMONS of ENGLAND.
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 people [Page 40] 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 benefit [Page 41] 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 and [Page 40] [...] [Page 41] [...] [Page 42] dwelling 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 of [Page 43] 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 woollen [Page 44] 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 Dukedomes [Page 45] 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, [Page 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 the [Page 47] 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 pursuance [Page 48] [...] [Page 49] [...] [Page 48] of 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 patents [Page 49] 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 any [Page 50] 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.
[Page 51]Lieutenant 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 bottomlesse [Page 52] 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-Pattents [Page 53] 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.
[Page 54]The 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, in [Page 55] 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 [...] [Page 56] said 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 comparing [Page 58] 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 they [Page 59] 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 cō siderable 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 the [Page 60] 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 put [Page 61] 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, [Page 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, [Page 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, [Page 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.
To the Right Honorable the high Court of Parliament; The humble Remonstrance of VVILLIAM SYKES Merchant, for free Trade in transporting & importing of lawfull and needfull commodities.
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 TRADE [Page 64] [...] [Page] [...] [Page] 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.
[Page] 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 [Page] 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,